Daily Construction: Thursday, 25 June 2015 View in browser
For optimised viewing please add "benchmark@benchmarkinc.com.au" to your safe senders list.

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

Daily Construction

Executive Summary (One Minute Read)
Glavan v Abigroup Contractors (NSWSC) - judgments and orders - denial of fair opportunity to be heard in opposition to consent judgment - consent judgment set aside
M J Arthurs Pty Ltd v Heaysman (QCA) - building contract - valid withdrawal from building contract by notice of withdrawal by facsimile transmission - appeal dismissed
Summaries With Link (Five Minute Read)
Glavan v Abigroup Contractors [2015] NSWSC 807
Supreme Court of New South Wales
Campbell J
Judgments and orders - third defendant insurer sought to set aside consent judgment in favour of first defendant against plaintiff - insurer also moved on behalf of second defendant insured - r36.16 Uniform Civil Procedure Rules 2005 - balance between competing rights - held: first defendant entitled to make separate compromise with plaintiff but not entitled to enter into agreement with plaintiff that injured insurer’s interests or rights at least without giving insurer fair opportunity to be heard - insurer had been denied fair opportunity to be heard - consent judgment set aside.
M J Arthurs Pty Ltd v Heaysman [2015] QCA 113
Court of Appeal of Queensland
M McMurdo P; Holmes JA & Atkinson J
Building contract - service - appellant registered builder unsuccessfully sued respondents under building contract - trial judge held respondents had withdrawn from contract under s72 Domestic Building Contracts Act 2000 by notice of withdrawal given by facsimile transmission - appellant contended  trial judge erred in finding notice of withdrawal validly given because notice was not sent to its last known facsimile number, which was the form of service for which building contract provided - held: trial judge properly made findings that number in contract was last facsimile number for appellant known to respondents and that withdrawal notice was served on company by facsimile transmission to that number - appeal dismissed.