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Construction
Bigby v Kondra & Anor [2017] QSC 37 Daubney J The plaintiffs’ home was badly damaged in November 2008 as a result of a severe storm. The plaintiffs sued the first defendant, a registered builder, seeking damages for the loss and damage suffered because of the damage to the house. Relevantly, the first defendant had...
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Actron Investments Queensland Pty Limited v D.D.S Project Management Pty Ltd & Ors [2016] QSC 306 Mullins J The plaintiff purchased a newly constructed industrial building in 2007 for use as a warehouse. The building site contained marine clays which consolidated causing uneven slab settlement. The defendant engineer had designed the slab and certified the...
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In brief: Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. Breaking news Allens news Recent cases Recent legislation   Reproduced with permission...
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Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144 The very public dispute between the CFMEU and others involving “stop the sham” (alleged sham independent contractors) at the building sites of the Law Courts Project and the Gold Coast University Hospital, has resulted...
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Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] QSC 293 I refer to earlier postings regarding Kirk; N.K Collins and more recently Thiess in relation to jurisdictional error in the purview of judicial reviews and the supervisory role of the Supreme Court. The Supreme Court of Queensland has held...
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Phoenix Constructions Queensland Pty Ltd v Coastline Constructions Pty Ltd and Michelle McCracken and Jarrod McCracken [2011] QSC 167 The Supreme Court of Queensland has made an award of damages under the Corporations Act 2001 (Cth) for the ‘improper’ conduct of a company director. On the facts, the director had caused the company to enter...
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Allens Arthur Robinson Ceresola TLS AG v Thiess Pty Ltd & John Holland Pty Ltd [2011] QSC 115 The Supreme Court of Queensland has refused to grant an injunction restraining a party from calling on a bank guarantee despite there being serious questions to be tried. The Court affirmed the general rule that, in the...
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Arthur Allens Robinson Project Company No 2 Pty Ltd v Cushway Blackford & Associates Pty Ltd & Anor [2011] QCA 102 The Queensland Court of Appeal has allowed an appeal and ordered that a party be added as a plaintiff to a case yet to be heard. The court below had dismissed the application on...
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Allens Arthur Robinson 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...
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Allens Arthur Robinson The Supreme Court of Queensland has dismissed an application to set aside an adjudication decision on the basis of jurisdictional error. Though it agreed with the NSW Court of Appeal that the legislation is not intended to permit a fresh adjudication application in respect of work that has already been the subject...
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