Darling Downs Foods Pty Ltd v Bovis Lend Lease Pty Ltd & Ors [2010] QSC 409 Allens Arthur Robinson The Supreme Court of Queensland has followed the High Court and affirmed that the designer or builder of commercial premises owes no duty of care – in respect of pure economic loss arising from defects in [...]

David Spankie v James Trowse Constructions Pty Limited [2010] QSC 336 Allens Arthur Robinson The Supreme Court of Queensland has held that a void adjudication does not extinguish a party’s right to make a payment claim in respect of the same issues and to have that payment claim adjudicated. The court also confirmed that, as [...]

Allens Arthur Robinson The Queensland Court of Appeal has found that the judge at first instance did not err in a finding of fact, despite the existence of evidence from which competing inferences could have been drawn. In doing so, the court applied the principles established by the High Court in Fox v Percy [2003] [...]

Allens Arthur Robinson The Supreme Court of South Australia has upheld the principle that a builder is not liable to a subsequent purchaser merely because the builder used a cheaper form of construction that had higher ongoing maintenance costs, especially in circumstances where the subsequent purchaser chose not to conduct an inspection that would have [...]

Mansouri & Anor v Aquamist P/L [2010] QCA 209 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that the entitlement to serve a payment claim on an entity who ‘may be liable’ to make payment does not – and was never intended to – enlarge the operation of the legislation to allow payment [...]

Allens Arthur Robinson The Supreme Court of Queensland has confirmed that, in a security for costs application against an impecunious corporation, the willingness of those who stand behind that corporation to expose themselves financially is simply one of the factors that a court must consider in exercising its unfettered discretion to order security for costs. [...]

Allens Arthur Robinson The Queensland Supreme Court has confirmed that evidence of conduct, after the date of a contract, is not admissible to assist in the construction of a contract; but it is admissible to assist in determining whether a contract has been varied. As to the content of that variation, the court applied the [...]

Allens Arthur Robinson The Supreme Court of Queensland has refused to make a declaration on whose role it is under a contract to determine whether certain extensions of time give rise to delay costs. In dismissing the contractor’s application, the court found that, on the proper construction of the contract, the parties intended certain extensions [...]

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Attached is the Special Leave applications list which was heard today. I refer to my earlier postings in the following matters and note: WORKCOVER QUEENSLAND v AMACA PTY LTD (ACN 000 035 512) & ANOR – Leave granted to Workcover SPAIN v WORKCOVER QUEENSLAND & ANOR- Leave refused to Spain MARTINEK HOLDINGS PTY LTD (ACN [...]