Construction Friday, 10 April 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Executive Summary (One Minute Read)
Douglas v Simons Builders Pty Ltd (VSC) - contract for sale of land - vendor entitled to summary judgment and possession of land
Hamcor Pty Ltd v State of Qld (No 2) (QSC) - costs - unreasonable rejection of Calderbank offer - indemnity costs awarded
Summaries With Link (Five Minute Read)
Douglas v Simons Builders Pty Ltd [2015] VSC 118
Supreme Court of Victoria
Derham AsJ
Summary judgment - contract for sale of land - first defendant was vendor and plaintiff was purchaser under contract for sale of land occupied by plaintiff under licence agreement - defendants sought to dismiss plaintiff’s proceeding and summary judgment on counterclaim - whether delivery of promissory note by purchaser for balance of deposit was payment in accordance with contract - held: delivery of promissory note not effective as payment of the balance of deposit under contract - notice of default and rescission given by vendor had operated to terminate contract.- in any event vendor entitled to possession because licence agreement had been validly revoked – vendor entitled to relief sought.
Hamcor Pty Ltd v State of Qld (No 2) [2015] QSC 69
Supreme Court of Queensland
Dalton J
Indemnity costs - Calderbank offer - second and third defendants were plaintiffs’ insurance brokers - insurance brokers wholly successful against plaintiffs at trial - insurance brokers sought costs of proceedings - uncontroversial that insurance brokers should have costs - whether part of costs should be paid on an indemnity basis - held: plaintiffs had no worthwhile prospects of success - plaintiffs’ refusal to accept Calderbank offer was unreasonable - insurance brokers to have costs on indemnity basis from date of expiry of Calderbank letter.
A Gift
by Leonora Speyer
I Woke: —
Night, lingering, poured upon the world
Of drowsy hill and wood and lake
Her moon-song,
And the breeze accompanied with hushed fingers
On the birches.
Gently the dawn held out to me
A golden handful of bird’s-notes.