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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...

January 22, 2020

Mr Vogel designed the world’s first digital music synthesiser in the late 1970s, the Fairlight CMI. In 2009, Mr Vogel established a new company, Fairlight Instruments Pty Ltd, later renamed Peter Vogel Instruments Pty Ltd (PVI), as a vehicle for developing a 30th anniv...

December 19, 2019

During the excavation, TRN discovered a considerable amount of uncontrolled fill. There was some dispute regarding whether the fill also contained fragments of asbestos. An employee of NWS, Mr Harding, instructed TRN to send its consultants to inspect and assess the ma...

December 11, 2019

The Supreme Court of Queensland recently handed down its decision in Harburg Nominees Pty Ltd & Anor v Deen [2019] QSC 291. The case considered, amongst other things, whether the defendant could rely on an alleged representation made by the plaintiffs that a guarantee...

November 25, 2019

The Supreme Court of New South Wales recently handed down its decision in Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270, which considered when a party is required to perform contractual obligations personally and when it can subcont...

November 25, 2019

A decision of the New South Wales Supreme Court has confirmed that the “common law common-sense” causation test is to be preferred when evaluating competing delay analyses.

October 23, 2019

Peter and Angela Mann (the Owners) contracted with Paterson Constructions Pty Ltd (the Builder) to build two residential units. A dispute arose and the Owners repudiated the contract. The Builder accepted the Owners’ repudiation and terminated the contract. The Builder...

October 7, 2019

In the recent case of Inghams Enterprises Pty Ltd v Hannigan [2019] NSWSC 1186 a chicken grower once again succeeded in an action in the New South Wales Supreme Court against poultry supplier Inghams. The defendant grower, Mr Hannigan, had previously obtained a court d...

October 1, 2019

In the recent decision of Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177, the Queensland Supreme Court of Appeal considered what constitutes effective service of an adjudication application under Queensland’s security of payment...

September 25, 2019

Macquarie Capital (Europe) Ltd (Macquarie) had been engaged by Nordsee Offshore MEG I GmbH (Nordsee) in 2013 as its exclusive financial adviser which included the raising of equity and debt financing (the Transaction) for the installation and operation of a windfarm (t...

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Estoppel by silence: a US perspective

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...

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