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Decisions matching the current search
Construction contract dispute over delays, EOTs, practical completion, variations and delay costs at a remote WA power station project.
The Court of Appeal refused to restrain sale of three mortgaged properties pending a leave application, finding only a limited arguable case and balance of convenience favouring Perpetual.
The Commission dismissed a motion to dismiss an unfair dismissal claim, finding the parties reached only an in-principle settlement, not a binding agreement.
The High Court held that repayment to one lender’s account did not discharge the debt where the contract required nomination by both lenders, and there was no waiver or abuse of process.
The High Court held Air Canada did not waive the Montreal Convention’s Article 21(2) partial defence, so damages for bodily injury remained limited.
The Court rejected the misleading conduct claim but awarded damages for defective and incomplete building work, including overpayments. The builder’s cross-claim was dismissed.
Prime Capital Securities Pty Ltd v Pypy [2025] NSWSC 132
The Supreme Court of New South Wales held that a default under a settlement deed entitled Prime Capital Securities to possession of mortgaged land and indemnity costs.
Rose v Manno Kingsway Pty Limited as trustee for the Manno Kingsway Unit Trust [2025] NSWCA 23
The Court of Appeal dismissed an appeal over a $1.3 million loan, holding the emails did not create an immediately binding contract, but the later loan agreement was supported by consideration.
Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96
The Federal Court dismissed Fortrend’s claim that former employees misused confidential client information to move accounts to Shaw and Partners.
Zeaiter v Zeaiter [2025] NSWSC 60
The Court found Anthony Zeaiter signed a deed settling the family company split, rejected claims of misleading conduct and oppression, and dismissed the proceedings.
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