VARNSDORF PTY LTD V FLETCHER CONSTRUCTIONS LTD [1999] VSC 9 Supreme Court of Victoria – 1 February 1999 FACT Varnsdorf was the lead contractor and Command and Fletcher were sub-contractors. Varnsdorf referred a dispute to arbitration. Fletcher made allegations against Command in its witness statements and Command then served a notice of dispute after the thirty day […]
TWO LANDS SERVICES PTY LTD V GREGORY ROBERT CAVE [2000] NSWSC 14 Supreme Court of NSW – 10 February 2000 FACTS Cave was employed by Two Lands as a finance consultant in the mortgage origination business. The employment contract included a restraint of trade clause which provided that Cave would not work for a competitor […]
TURNER CORPORATION PTY LTD V AUSTOTEL PTY LTD (1994) 13 BCL 378 FACTS Turner Corporation Pty Ltd (‘Turner’), as Builder, entered into a “Building Works Contract – JCCA 1985 with Quantities” with Austotel Pty Ltd (‘Austotel’), the Proprietor. The Architect certified an entitlement to Austotel to liquidated damages and ascertained damages in the sum of $2,250,000 calculated […]
TURNER CORPORATION LIMITED V AUSTOTEL PTY LTD (1992) CLD100015 OF Supreme Court of NSW – 3 April 1992 FACTS By contract in the form JCC A 1985, Turner agreed to construct a hotel for Austotel. Turner issued proceedings against Austotel for declarations and orders relating to extensions of time and payment under the contract, damages for […]
TURIFF CONSTRUCTION LTD V REGALIA KNITTING MILLS LTD (1972) DIGEST OF CASES 257 Official Referees Court (United Kingdom) – 22 November 1971 FACTS Turiff, who had successfully tendered for a building project, was asked to commence preparation work immediately while negotiations were conducted to agree to the terms to be included in a formal contract; Regalia was […]
TSZYU V FIGHTVISION PTY LTD [1999] NSWCA 323 Court of Appeal of NSW – 13 September 1999 FACTS Tszyu, a boxer, and his trainer, Lewis entered into a written contract for three years with an option of two years. The contract was signed in January 1992 with Classic Promotions the promoter of Tszyu. In November 1992, […]
TRYHAZ V FIELDER [2005] NSWSC 906 Supreme Court of New South Wales – 9 September 2005 FACTS Multiplex Constructions Pty Ltd (“Multiplex”) was engaged to design and construct the marine and infrastructure works undertaken as part of the redevelopment of wharves 9 and 10, 7-11 Sussex Street, Sydney, known as the King Street Wharf works. Multiplex subcontracted […]
TRIMIS & ANOR V MINA [1999] NSWCA 140 Supreme Court of New South Wales Court of Appeal – 2 May 1999 FACTS Mr. and Mrs Trimis (‘Trimis’) owned land at Bankstown which they wished to develop. Plans for cluster houses were approved and Mr. Mina (‘Mina’), the builder, quoted for the remaining work. The parties executed […]
TRESTRAIL & TRESTRAIL V BRIGGS [1999] SASC 413 Supreme Court of South Australia – 24 September 1999 FACTS Briggs owned a block of land in the Adelaide Hills and retained Trestrail to construct a driveway to run from the northeastern corner of the land. Trestrail quoted a piece of $4000 to $4500 for the work. Trestrail […]
TRADE PRACTICES COMMISSION V. NICHOLAS ENTERPRISES PTY LTD (NO 2) (1979) 40 FLR 83 Federal Court of Australia FACTS The defendants ran five hotels in the metropolitan area of Adelaide. The defendants all sold packaged beer to the public. The Trade Practices Commission commenced proceedings against the defendants claiming pecuniary penalties and injunctions. The claim alleged breaches […]
