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Building and construction

SBRGroup Pty Ltd v Hosseini

The District Court held a payment claim was valid despite referring to a non-existent cost-plus contract, and entered judgment for the builder for $153,389.17.

  • Security of payment
  • Payment claim validity
  • Payment schedule not served
  • Contract termination
  • Cost-plus contract
  • Agency
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Torts

Zou v Ji

The Court held that the second defendant engaged in misleading or deceptive conduct by passing on a false invoice and oral representations about a direct JBX supply relationship.

  • Misleading or deceptive conduct
  • Deceit
  • Damages
  • Reliance
  • Agency
  • Apportionment of liability
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Contracts

Callide Energy Pty Ltd v Park

Callide Energy Pty Ltd v Park [2025] FCA 37

The Federal Court dismissed CEPL’s application over JVA pre-emptive rights, holding there was no agency binding upstream entities and no basis to read an ambulatory meaning into “Ultimate Holding Company”.

  • Contractual construction
  • Joint venture agreements
  • Pre-emptive rights
  • Privity of contract
  • Agency
  • Judicial comity
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Corporations law

Park, in the matter of IG Power (Callide) Ltd (Administrators Appointed) (No 4)

Park, in the matter of IG Power (Callide) Ltd (Administrators Appointed) (No 4) [2024] FCA 1316

The Federal Court held that pre-emption clauses in the joint venture agreement did not apply to proposed upstream share sales by the IG Power Group administrators.

  • Administrators' personal liability
  • Directions under s 90-15 ips
  • Pre-emption rights in joint ventures
  • Interpretation of joint venture agreements
  • Privity of contract
  • Agency in company law
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Contract law

Resilium Pty Ltd v Nest Insurance Consult Pty Ltd

Resilium Pty Ltd v Nest Insurance Consult Pty Ltd [2024] NSWSC 1190

The Court dismissed Nest’s cross-claim, finding RIB’s disclosure of client information was not a breach of confidentiality and, in any event, Nest proved no recoverable loss.

  • Breach of contract
  • Confidentiality obligations
  • Insurance brokerage
  • Damages
  • Agency
  • Breach-of-contract
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Corporations law

Connelly (liquidator) v Papadopoulos, in the matter of TSK QLD Pty Ltd (in liq)

Connelly (liquidator) v Papadopoulos, in the matter of TSK QLD Pty Ltd (in liq) [2024] FCA 888

The Federal Court granted judgment for liquidators over an asset-stripping scheme, awarding damages, equitable compensation and costs, and entered default judgment against non-appearing defendants.

  • Asset-stripping
  • Breach of director’s duties
  • Equitable compensation
  • Payment of company moneys
  • Default judgment
  • Damages
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Criminal law

R v Waldron (No.3)

R v Waldron (No.3) [2024] NSWDC 159

Judge-alone trial verdicts of guilty on all 10 counts against Jon Gordon Waldron for corrupt receipt of benefits and aiding Keith Hunter.

  • Corrupt commissions or rewards
  • Aiding and abetting
  • Corporate crime
  • Evidence – corroboration and consciousness of guilt
  • Authority and disclosure in agency
  • Benefit received by agent
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['contract law' 'insurance law']

Mie Force Pty Ltd v Allianz Australia Insurance Ltd

Mie Force Pty Ltd v Allianz Australia Insurance Ltd [2024] NSWCA 23

The NSW Court of Appeal dismissed Mie Force’s appeal over insurance cover, holding it was not a named insured as an agent or sub-contractor under the policy.

  • ['construction of insurance contract' 'definition of named insured' 'meaning of agent in insurance policy' 'sub-contractor and sub-sub-contractor coverage' 'construction risks general liability policy']
  • Insurance-law
  • Contract-construction
  • Named-insured
  • Agency
  • Subcontracting
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['equity' 'civil procedure' 'agency' 'contract law']

Oliveri Legal Pty Ltd v Cassegrain Tea Tree Oil Pty Ltd

Oliveri Legal Pty Ltd v Cassegrain Tea Tree Oil Pty Ltd [2023] NSWSC 1034

The court refused leave to advance an unpleaded ratification case, but allowed reliance on a 28 January 2016 conversation as an alleged admission.

  • ['amendment of pleadings' 'reply' 'ratification' 'authority to bind company' 'admission' 'prejudice' 'inconsistent alternative case']
  • Amendment-of-pleadings
  • Ratification
  • Admissions
  • Agency
  • Civil-procedure
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Contract

Forza Marketing Pty Ltd v Sie

Forza Marketing Pty Ltd v Sie [2023] NSWSC 658

A dispute over an informal motel sale and money flows ended with reciprocal money judgments after the court found limited fiduciary duties and implied obligations of reasonableness.

  • Implied terms
  • Fiduciary obligations
  • Business sale agreements
  • Accounting of funds
  • Agency
  • Remedies
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.