31-40 of 1619 results

Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185
Insight 27 Mar 2020

The NSW Court of Appeal has considered how long a party's right to terminate a contract lasts following a breach by the other party. In doing so, the court considered the doctrine of election and t ...

El Ali v Tritton [2019] NSWCA 111
Insight 27 Mar 2020

In this case , the NSW Court of Appeal considered the date of the assessment of damages and whether the loss the respondents suffered was too remote. The court held that it would be unjust to asses ...

Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
Insight 27 Mar 2020

In this case , the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to ...

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Insight 27 Mar 2020

In this case , the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation: was not entitled to recover a quantum meruit (being a clai ...

Searle v Commonwealth of Australia [2019] NSWCA 127
Insight 27 Mar 2020

In this case , the New South Wales Court of Appeal considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers ...

Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280
Insight 27 Mar 2020

In this case , the New South Wales Court of Appeal considered when a contract is validly terminated if the termination clause provides for termination if a remediable breach is not remedied within ...

Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Insight 27 Mar 2020

In this case , the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was ...

Contracting with governments
Insight 27 Mar 2020

The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). Taken to an extreme, ...

Damages
Insight 27 Mar 2020

There is a general rule that damages for breach of contract are assessed at the date of breach. 1 This rule does not apply, however, if assessing damages at a different date would more appropriatel ...

Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
Insight 27 Mar 2020

In this case , the New South Wales Court of Appeal considered whether a cleaning services provider, Advanced National Services Pty Ltd, which had breached the terms of its contract with Daintree ...

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