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 […]
TRADE PRACTICES COMMISSION V. COMMODORE BUSINESS MACHINES PTY LTD (1989) ATPR 40-976 Federal Court of Australia – 3 August 1989 FACTS Respondent supplied personal computers to 150 dealers around the country, requiring a commitment in writing that the computers would not be advertised at less than the recommended retail price. They obtained legal advice that this clause […]
TQM DESIGN & CONSTRUCT PTY LTD V DASEIN CONSTRUCTIONS PTY LTD Supreme Court of New South Wales – 3 December 2004 FACTS TQM Design & Construct Pty Ltd (‘TQM’) and Dasein Constructions Pty Ltd (“Dasein’) entered into a construction contract. Dasein served a Payment Claim pursuant to section 13 of the Building and Construction Industry […]
TOP PERFORMANCE MOTORS PTY LTD V IRA BERN [1975] 24 FLR 286 Australian Industrial Court – 3 April 1975 FACTS Top Performance (Top) was the holder of a dealership to sell Datsun Motor Vehicles in the Gold Coast region. Ira Bern was the wholesale distributor of Datsun Motor Vehicles in Queensland and had granted the Gold […]
TOLFAB V TIE [2005] NSWSC 326 Supreme Court of New South Wales – 5 July 2005 FACTS Tolfab Engineering Pty Ltd (‘Tolfab’) entered into a sub-contract arrangement with Tie Fabrications Pty Ltd (‘Tie’) for metalwork for a residential development known as the “Oxford Square Project” located on the corner of Oxford Street and Pelican Street Oxford. Tie […]
THIESS CONTRACTORS PTY LTD V PLACER (GRANNY SMITH) PTY LTD [2000] WASCA 102 Supreme Court of WA – 14 April 2000 FACTS Placer was the owner of the Granny Smith gold mine and in 1989 engaged Thiess to carry our open cut mining at the mine site. The original contract was a schedule of rates contract; […]
THIESS CONTRACTORS PTY LTD V PLACER (GRANNY SMITH) PTY LTD (2000) 16 BCL 130 Supreme Court of Western Australia – 16 April 1999 FACTS Placer (Granny Smith) Pty Ltd (“Placer”) entered into a contract with Thiess Contractors Pty Ltd (“Thiess”) whereby Thiess would carry out mining operations for Placer at rates based on genuine estimates of the […]
THE STAFF DEVELOPMENT AND TRAINING CENTRE V. SEC, EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS [2000] AATA 78 Commonwealth AAT – 8 February 2000 FACTS Mr. and Mrs Van Putten, Directors of The Staff Development and Training Centre, had been engaged in commercial training and consultancy services for up to 14 years. For the last 9 years, […]
