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Top 5 construction cases 2012
  • Norton Rose Fulbright Australia
  • Australia
  • December 20 2012

There were many noteworthy cases handed down in 2012, however we focused on those which have the most interest and practical relevance to our clients

Frustration, breach of contract and repudiation
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 25 2010

In the following case, which was bought before the courts by way of a summary application for judgement, the court had to consider whether the contract between the parties was frustrated so that performance become impossible or whether in fact one or other of the parties had wrongfully repudiated the contract

Construction of contracts: priority of documents
  • Norton Rose Fulbright LLP
  • United Kingdom
  • February 22 2010

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail

High Court restores “but for” causation test in negligence cases
  • Norton Rose Fulbright LLP
  • Australia
  • April 6 2010

Adeels Palace Pty Limited (Adeels Palace) operated a restaurant and reception business at Punchbowl in New South Wales

Mergers and acquisitions: the “failing firm” defence - recent merger decisions by the European Commission and UK competition authorities indicate a more sympathetic approach to acquisitions of companies in financial difficulty
  • Norton Rose Fulbright LLP
  • European Union, United Kingdom
  • January 20 2014

The "failing firm" defence applies in the context of competition authorities scrutinizing mergers and acquisitions - that is, merger control - where

Extension of time provisions and ‘time at large’
  • Norton Rose Fulbright LLP
  • United Kingdom
  • March 29 2007

In the leading case of Peak Construction (Liverpool) Limited v McKinney Foundations 1970 1 BLR 111, the construction contract contained a mechanism for extending the completion date, but this mechanism failed to provide for an extension of time where the contractor was delayed in achieving the completion date due to the fault of the employer

JCT contract: the effect of a settlement agreement on the final account provisions
  • Norton Rose Fulbright LLP
  • United Kingdom
  • January 27 2010

The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties

The selective distribution of brand name products in Canada
  • Norton Rose Fulbright Canada LLP
  • Canada
  • May 31 2007

On March 23, 2007, the Competition Tribunal (“Tribunal”) rendered a decision concerning the supply of (or refusal to supply) brand name wares to department stores

Liquidated damages provisions
  • Norton Rose Fulbright LLP
  • United Kingdom
  • April 24 2007

In Temloc Ltd v Errill Properties Ltd (1987) 39 BLR 30, the parties had inserted a rate of “£nil” in the Appendix of the contract, in relation to clause 24 (the provision for liquidated damages in the JCT form of contract

Does the Commonwealth owe a fiduciary duty to nationals?
  • Norton Rose Fulbright LLP
  • Australia
  • June 25 2009

In the recent case of Habib v Commonwealth of Australia (No. 2) (2009) 254 ALR 250, the Federal Court examined whether the Commonwealth owed a fiduciary duty to its overseas nationals and, if so, whether this duty extended to protecting a citizen from unlawful detention