| Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd (NSWCA) - contract for sale of land - vendor not entitled to terminate contract for purchaser's breach of essential time stipulation - appeal dismissed - cross-appeal allowed
|
| Thiess Pty Ltd and John Holland Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd (NSWSC) - contract - negligence - collapse of Lane Cove Tunnel - geo-technical engineer breached contractual obligation in relation to reporting on adequacy of structural design - judgment for plaintiff in sum of $6,983,333.00
|
| Gee Dee Nominees Pty Ltd v Ecosse Property Holdings Pty Ltd (VSCA) - contract - farm lease extensively amended before execution - liability for costs of rates taxes assessments and outgoings levied on landlord - ambiguity - construction of lease - appeal allowed
|
Dear Subscriber
1. This Benchmark Television broadcast is with Associate Professor Neil Foster on the tort of breach of statutory duty with Ian Benson, special counsel.
2. This is one of Neil’s pet subjects and he claims the profession should better understand the rights that flow from breaches of statutory duty.
3. I thought we all knew, but I stand corrected and recommend this program.
4. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
5. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
|
|
|
| Benchmark Television |
|
|
|
|
| Associate Professor Neil Foster on the tort of breach of statutory duty with Ian Benson, special counsel |
| This is one of Neil’s pet subjects and he claims the profession should better understand the rights that flow from breaches of statutory duty. |
|
|
|
|
| Summaries With Link (Five Minute Read) |
Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd [2016] NSWCA 32
Court of Appeal of New South Wales
Beazley P; Sackville & Emmett AJJA
Conveyancing - equity - appellant vendor and respondent purchaser entered contract for sale of land - agreed completion date passed - vendor issued notice to complete with time of the essence - vendor failed to provide transfer pursuant to s27 Corporations Act 2001 (Cth) at settlement - vendor served notice of termination on purchaser - purchaser sought specific performance and damages for delay - primary judge held contract validly terminated for breach of essential time stipulation but ordered equitable relief in purchaser's favour - vendor appealed against grant of equitable relief to purchaser and sought declaration contract terminated and vendor entitled to forfeit deposit - purchaser sought declaration that contract was not terminated and remittal of matter for determination of damages - “preventing principle” - held: a vendor who failed to provide transfer to purchaser in registrable form was not willing and able to complete - a vendor not willing and able to complete was not entitled to terminate for failure of purchaser to complete - vendor's termination was invalid - appeal dismissed - cross-appeal allowed.
Barrak |
Thiess Pty Ltd and John Holland Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2016] NSWSC 173
Supreme Court of New South Wales
McDougall J
Contract - negligence - damages - proceeding arising from collapse of Lane Cove Tunnel - plaintiffs were joint venture - joint venture sued defendants for negligence - first and second defendants responsible for structural design - third defendant was geotechnical engineer - fourth defendant was independent verifier - claims settled with first, second and fourth defendants - joint venture alleged geotechnical engineer breached contract to review and report on adequacy of first and second defendants' structural design - held: third defendant breached contractual obligation - plaintiff's construction work no negligent - judgment for plaintiffs against third defendant for sum of $6,983,333.00.
Thiess |
Gee Dee Nominees Pty Ltd v Ecosse Property Holdings Pty Ltd [2016] VSCA 23
Court of Appeal of Victoria
Santamaria, Kyrou & McLeish JJA
Contract - farm lease - printed standard form ‘farm lease' extensively amended before execution - lease entered in 1988 between company as landlord and Mr Morris as tenant - lease granted for 99 years - entire rental paid at lease's commencement - respondent acquired leasehold reversion - Mr Morris assigned and transferred term of lease to appellant - respondent sought payment of money for accrued rates taxes assessments and outgoings - appellant appealed against decision in which primary judge construed clause of lease in respondent's favour - ambiguity - parts of lease struck out but which were legible in executed document - held (by majority): appellant succeeded in contesting primary judge's interpretation of clause of lease - appeal allowed.
Gee Dee |
