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May 20, 2020

Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 involved Inghams’ appeal to the NSW Court of Appeal, seeking to overturn the NSW Supreme Court decision on the basis that it erred in its construction of the arbitration clause

May 11, 2020

This case considers whether the deprivation of contractual rights could amount to a penalty for the purpose of the doctrine. Here, a clause operated to render the warranties granted under the contract void ab inito where Playup had failed to pay one day late. The claus...

May 5, 2020

On 3 October 2018, Hanson terminated the Contract. On 28 August 2019, nearly 12 months after termination, Brolton issued Hanson a payment claim titled ‘Progress Claim for September 2018’ claiming $6.3 million. The claim incorporated previously submitted payment claims...

April 21, 2020

The recent decision of the Supreme Court of Victoria in Jacobs Group (Australia) Pty Ltd v Commonwealth of Australia [2020] VSC 127 considered whether the court had jurisdiction to grant leave to appeal an arbitral award on a question of law pursuant to the Commercial...

April 16, 2020

The recent decision of the Supreme Court of Queensland in Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd [2020] QSC 51 confirms that an adjudicator must comply with the time frames prescribed by the Building Industry Fairness (Security of Payment) Act 2...

April 6, 2020

In Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd [2020] NSWCA 25 the Principal engaged the Builder to design and construct the Palisade, a residential development in Miranda, Sydney, for the sum of $65.7 million.

March 31, 2020

Multiplex Construction Ltd was the main contractor under a design and build contract (‘Main Contract’) of One Blackfriars. Multiplex engaged Yuanda (UK) Company Limited under a sub-contract to carry out façade works on the building (‘the Subcontract’). Under the Subcon...

March 1, 2020

Crown Resorts Limited v Zantran Pty Ltd [2020] FCAFC 1 involved a shareholder class action brought against Crown. In preparing for trial Zantran sought to adduce evidence from various former employees of Crown, many of which owed Crown a contractual duty of confidentia...

February 27, 2020

In the recent New South Wales Supreme Court decision of TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72, the Court confirmed that service of a payment claim pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act...

February 13, 2020

In Fortney & Weygandt, Inc. v. Lewiston DMEP IX, LLC, 2019 ME 175, a developer (GBT) engaged a builder (F&W) to construct five retail building stores in Maine, USA. Because of a range of factors, including unusually harsh winter weather and delays caused by GBT’s condu...

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Not Under My Agreement: Inghams prevails in NSW Court of Appeal

May 20, 2020

Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 involved Inghams’ appeal to the NSW Court of Appeal, seeking to overturn the NSW Supreme Court...

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