Mitchell v Pacific Dawn Pty Ltd [2011] QCA 98

The Queensland Court of Appeal has affirmed that a threatened breach of contract may amount to normal commercial negotiations if the party exerting the pressure does so in good faith and on a reasonable and honest view of its legal rights. On the facts, the Court found that a settlement agreement was not the result of economic duress, unconscionable conduct, or misrepresentation. Though the builder had claimed that the principal had concealed its inability to make payments, had wrongly asserted a right to delay costs (despite having caused substantial delays), and threatened to breach the contract, the builder actually knew the principal was financially stretched, and that the principal’s delay claim views were legitimate in the circumstances.

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

In brief: A recent decision of the New South Wales Supreme Court has highlighted the pitfalls for insurance brokers who give unqualified advice on the legal effect of policy provisions. Partner John Edmond (view CV) and Senior Associate Philip Hopley report.

• Background
• The decision
• Comment

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

In brief: The NSW Supreme Court recently enforced a restraint deed prohibiting a former employee of an insurance broker from soliciting clients. Partner John Edmond (view CV) and Law Graduate Tom Levi report on the Court of Appeal judgment upholding the decision.

• Background
• The appeal decision

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

Allens Arthur Robinson

A recent Queensland Supreme Court judgment¹ is a reminder that insurers must decisively elect and communicate a decision as to which basis of settlement it has chosen to apply in circumstances where it has several options open to it when responding to a claim. Partner Dean Carrigan (view CV) and Law Graduate Alexander Edwards report.

• Background
• Decision
• Implications

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

Allens Arthur Robinson

Two recent Queensland Supreme Court decisions have highlighted the need for developers to control the information their agents provide to prospective purchasers, after apartment buyers were unable to terminate contracts based on claims of misleading and deceptive conduct related to views from the apartments. Partners Tony Davies (view CV) and Tracey Harrip (view CV) and Lawyer Kris Byrne report.

• Background
• The decision
• Conclusion

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.