Litigation Archives - Vincent Young

Adjudication Building Construction Litigation

30 November, 2023

Procedural Fairness In Adjudication

Demex Pty Ltd v McNab Building Services Pty Ltd NSWCA 261 The recent NSW Court of Appeal decision in McNab Building Services Pty Ltd v Demex Pty Ltd NSWCA 261 considered an appeal of a NSW Supreme Court decision quashing an Adjudicator’s decision under the Building and Construction Industry Security…

Victoria Caldwell

Building Construction Contracts Development Litigation Projects

10 November, 2023

Recourse To Security Based On A Bona Fide Claim

Total Construction Pty Ltd v Catholic Healthcare Limited NSWSC 585 It is common for bank guarantees (BGs) to be used as a form of security to secure the performance of a contractor’s obligation in a construction contract. A principal’s right to have recourse to the BGs is often governed by…

Victoria Caldwell

Insolvency Litigation

22 September, 2023

Recovery of judgment debts – Garnishee and Writs

If you have obtained a judgment in your favour and the judgment debtor has failed to pay the judgment amount to you, what are your options? This article looks at two ways you can enforcement a judgment: a garnishee order and a writ. Garnishee order A garnishee order imposes an…

Vincent Young

Litigation Property

1 June, 2023

Clawback of incentives remains an issue

The clawback of incentives and their enforceability remains a live issue with the courts treating clawback clauses as a penalty in certain circumstances. This was recently reinforced in Alamdo Holdings Pty Ltd v Croc’s Franchising Pty Ltd (No 2) NSWSC 60 (Alamdo). In the context of commercial leasing, consideration should be given…

bluesix

Commercial Construction Contracts Defects Litigation

22 May, 2023

Standstill Agreements Pending Negotiations

Price v Spoor HCA 20 (Price v Spoor) Contractors with defects claims against subcontractors often commence litigation prematurely to preserve their claims from being time-barred. This occurs despite the costly nature of litigation and its potential to undermine settlement negotiations. The High Court case of Price v Spoor has confirmed…

bluesix

Building Construction Development Litigation

16 May, 2023

Superintendent: An Agent Or Independent Of The Principal?

Case Note on V601 v Probuild VSC 849 Background This case concerns a development of five separate buildings comprising commercial suites and residential apartments. V601 was the developer. V601 engaged Probuild to design and construct the project under an amended contract form of AS4902-2000 (Contract). Issues The issues concerned time-related…

bluesix

Commercial Law Litigation

27 April, 2023

Assessment of Damages: Maximise Recovery, Minimise Liability

Case note - Renown Corporation Pty Ltd v SEMF Pty Ltd NSWCA 233 If a product supplied or installed falls short of what was contractually promised, the aggrieved party is generally entitled to claim damages. The recent New South Wales Court of Appeal decision in Renown Corporation Pty Ltd v…

bluesix

Building Construction Defects Litigation

19 April, 2023

Proving Causation Against Third Party Professionals In The Building Industry

The case of Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd NSWCA 223 (Mistrina) considers the current state of the law with regard to proving causation where a party claims loss against a third party based on allegations of misleading and deceptive conduct. In the building and construction industry, the…

bluesix

Litigation

19 April, 2023

Security For Costs Applications In Federal Court Class Actions

Its Eco Pty Ltd v BPS Financial Limited FCA 842 Security for costs (SFC) orders cannot usually be made against individuals, unlike corporations, in class actions in the Federal Court of Australia (the general rule). However, builders and/or their insurers should be relieved as the Federal Court of Australia (FCA)…

bluesix

Commercial Construction Litigation

8 February, 2023

Do Costs Always Follow The Event?

Introduction Costs in litigation can be as complicated as the substantive dispute. There are various types of costs orders that the Court may make and the legal principles behind each costs order. These are each well worth a detailed discussion in their own right. The general rule as to…

bluesix

Litigation

Categories

Archives