This case highlights the approach taken by the Victorian Supreme Court of Appeal when assessing a claim made in quantum meruit as a result of one party accepting the repudiation of a contract made by the other party. The Court will have regard to actual costs when assessing the amount payable, however is not bound […]
FEDERAL COURT OF AUSTRALIA Hancock Prospecting Pty Ltd v Rinehart (No 2) [2017] FCAFC 208 Appeal from: Rinehart v Rinehart (No 3) [2016] FCA 539 File numbers: NSD 916 of 2016 NSD 922 of 2016 Judges: ALLSOP CJ BESANKO O’CALLAGHAN JJ Date of judgment: 15 December 2017 Catchwords: ARBITRATION – stay of proceeding brought in Court in favour of arbitration […]
WALLERA PTY LTD V CGM INVESTMENTS PTY LTD & ANOR [2001] NSWSC 96 Supreme Court of New South Wales – 1 March 2001 FACTS Wallera had franchised a carpet dry-cleaning process from CGM and Whistle. The process of electromagnetically dry-cleaning carpets (“the process”) that was used by Wallera and the use of the name “Electrodry” (“the […]
VINCE SCHOKMAN & ANOR V XCEPTION CONSTRUCTION PTY LTD & ANOR [2005] NSWSC 297 Supreme Court of New South Wales – 4 April 2005 FACTS Xception Construction Pty Ltd (‘Xception’) entered into a construction contract with Vince Schokman (‘Schokman’) for the carrying out of construction work at Stotts Street, Bilambil Heights in New South Wales. On […]
VILLANI & ANOR V DELSTRAT PTY LTD & ANOR [2002] WASC 112 Supreme Court of Western Australia – 16 May 2002 FACTS This proceeding involved an application by Mr. & Mrs Villani to set aside the award of an arbitrator for misconduct by failingto decide substantial pleaded issues between the parties. Mr. & Mrs Villani […]
VICTORIA PARK GOLF CLUB INC V BRISBANE CITY COUNCIL [2001] QSC 225 Supreme Court of Queensland – 29 June 2001 FACTS The Council was the owner (on trust) of land used for a golf course. The golf club operated a clubhouse on the land and its members had entitlements to use the golf course. During the […]
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 […]
