Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.
- LEE GLEESON PTY LIMITED V STERLING ESTATE PTY LTD [1991] 23 NSWLR 571
A builder issued proceedings against a property owner (“the owner”) for unpaid building work. The property owner’s bank informed the builder that it had authority from its customer to make payments on behalf of that customer to the builder… - LEE KONG NELDER NOMINEES V JOHN HOLLAND CONSTRUCTION & ENGINEERING [1998] WASCA 135
Lee Kong had traded as an aluminum and glazing business and had agreed to sell the business to Acegold, a company employed by one of its employees. Lee Kong at the time had a subcontract with John Holland and wished to assign that contract to Acegold… - LEIGHTON CONTRACTORS PTY LTD V EAST GIPPSLAND CATCHMENT AUTHORITY [2000] VSC 26
Leighton was retained by the Authority as a consultant and superintendent for flood response works… - LIEBE V MOLLOY (1906) 4 CLR 347
Liebe, the builder, entered into a contract with Molloy, the employer, to erect buildings for over $30,000. The contract provided that no works beyond those included in the contract should be allowed or paid for without an order in writing signed by both the architect and the proprietor… - LIFESTYLE RETIREMENT PROJECTS NO 2 PTY LTD V PARISI HOMES PTY LTD [2005] NSWSC 705
Lifestyle Retirement Projects No 2 Pty Ltd (‘Lifestyle’) entered into a construction contract with Parisi Homes Pty Ltd (Parisi’). Parisi served a Payment Claim under section 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) on Lifestyle, who responded with a Payment Schedule under section 14 of the Act. The matter was referred to Adjudication; the Adjudicator determining that Lifestyle was to pay Parisi $151,000.00… - LIVERPOOL CITY COUNCIL V CASBEE PTY LTD & ANOR [2005] NSWSC 590
Liverpool City Council (‘the Council’) entered into two contracts with Casbee Pty Ltd (‘Casbee’) for drainage construction work at Hinchinbrook creek and stormwater pond construction work at Riverside Park, Chipping Norton… - LUCAS STUART PTY LIMITED V COUNCIL OF THE CITY OF SYDNEY [2005] NSWSC 925
Lucas Street Pty Ltd (“Lucas”) entered into a construction contract with the Council of the City of Sydney (“the Council”) for the reconstruction of the Customs House. Lucas served a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) in the sum of $3,952,474 for variations and alleged unpaid contract sum amounts… - LUMBERS V W COOK BUILDERS PTY LTD (IN LIQUIDATION) [2008] HCA 27 18 JUNE 2008
Lumbers owned land in South Australia, and engaged W Cook & Sons Pty Ltd (“Sons”) to construct a house on that land. Most of the work required by that oral contract between Sons and Lumbers, was subsequently delegated to W Cook Builders Pty Ltd (“Builders”) as sub-contractors to co-ordinate trades and supervise the construction work., without the knowledge or approval of the Lumbers… - MACQUARIE GENERATION V CNA RESOURCES [2001] NSWSC 1040
In mid-2000, Macquarie invited tenders for the supply of crushed coal in accordance with the quality requirements defined in the specification. It was a term of the Invitation to Tender that all tenders submitted were to be irrevocable, open for 180 days after the close of the tender period and were capable of immediate acceptance by Macquarie… - MASTER CLUB CONSULTANTS PTY LTD V STANBRITT PTY LTD & ANOR [2000] ACTSC 18
Master Club issued proceedings against Stanbritt alleging damages for an alleged repudiation of a management consultancy contract… - McCOY CONSTRUCTION PTY LTD. V DABROWSKI (2000) QSC 385
McCoy built kit homes which were open for display to members of the public. McCoy had constructed a home for Dabrowski but there were alleged defects in the building work… - MCGETTIGAN V. ELIRAN PTY LTD [1999] NSWSC 769
Eliran was the trustee of a hotel business. McGettigan was one of three beneficiaries. The beneficiaries fell into dispute and the hotel business was to be sold to redeem the McGettigan interest… - MERCATOR PROPERTY CONSULTANTS PTY LTD V SUMAMPOW [2000] WASC 157
Mercator had acquired 10% of the shares in the company owning the Christmas Island Resort (“the Casino”) while 90% of the shares were acquired by Sumampow. A Deed between Mercator and Sumampow provided that Mercator would sell its shares in the Casino to Sumampow subject to the satisfaction of conditions precedent by 15 August 1997… - MK & JA ROCHE PTY LTD & ORS V METRO EDGLEY PTY LTD & ANOR [2005] NSWCA 39
In December 2002, the Luna Part Reserve Trust entered into a Deed of Agreement for Sub-lease of the Luna Park Reserve to Metro Edgely Pty Limited (‘Metro’) for Metro to undertake the development of Luna Park, including the construction of the Waterfront Brasserie (‘WB’)… - MOONLIGHTING INTERNATIONAL PTY LTD V INTERNATIONAL LIGHTING PTY LTD & ORS [2000] FCA 41
Moonlighting was the exclusive distributor for Australia of products manufactured by Kim Lighting, a company from California. Kim Lighting wished to appoint International Lighting as its exclusive distributor for Australia and on 8 November 1999 it sent a notice of termination of the distributorship to Moonlighting purporting to terminate the distributorship from 1 December 1999… - MORRISON KNUDSEN INTERNATIONAL COMPANY INC & ANOR V COMMONWEALTH OF AUSTRALIA (1972) 46 ALJR 265
The Plaintiffs sued the defendant for a breach of a duty of care in the compilation and communication of certain basic information as to the nature and content of the soils underlying the proposed site of the runways at Tullamarine… - MULTIPLEX CONSTRUCTION (UK) LTD V HONEWELL CONTROL SYSTEMS
- MUSUMECI AND ANOR V WINADELL PTY LTD (1994) 1084 93
The Plaintiffs were tenants of a shop leased from the landlord Defendant. The Plaintiffs claimed that the terms of the lease were varied so as to provide for a reduction of rent for the premises. - NEWTON HEATH PTY LTD & CONNELL V. 3AW SOUTHERN CROSS RADIO PTY LTD [2000] VSC 103
Connell, a barrister, and Campbell, a solicitor, conducted a morning show on radio station 3AW. The original contract engaging Connell and Campbell had been between 3AW and a trustee company that directly retained Connell and Campbell.