Refine your search
336 results found
Hall & Wilcox | Australia | 1 Jun 2023
Court of Appeal rectifies evidentiary burden in relation to combustible cladding claims
The New South Wales Court of Appeal, in Owners SP 92450 v JKN Para 1 Pty Limited, has found that the builder or developer bears the burden of…
The Commercial Bar Association of Victoria | Australia | 30 May 2023
Business interruption insurance and the COVID-19 pandemic: The case law so far
Hundreds of thousands of Australian businesses hold insurance policies that include business interruption cover (‘BII’). This allows insured parties…
The Commercial Bar Association of Victoria | Australia | 30 May 2023
When reliance damages can be recovered for breach of contract
A plaintiff seeking damages for breach of contract will usually claim ‘loss of profit’ or ‘expectation’ damages (i.e. To recover the contractual…
Addisons | Australia | 29 May 2023
NSW Court of Appeal Declines to Enforce Restraint of Trade against Vendor in Transaction Agreement
The NSW Court of Appeal has handed down its decision in the matter of DXC Eclipse v Wildsmith, upholding the earlier decision of the NSW Supreme…
Shook Lin & Bok | Australia | 26 May 2023
Case Commentary on Australia Case on Trade Credit Insurance
In BCC Trade Credit Pty Ltd v Thera Agri Capital No 2 Pty Ltd [2023] NSWCA 20, the New South Wales Court of Appeal in a 2-1 majority upheld the…
Clayton Utz | Australia | 26 May 2023
Unveiling the puzzle: lenders' appeal falls flat as Arrium officers avoid personal liability
In a recent decision, Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88, lenders to the Arrium Group, a company that collapsed, have…
Clayton Utz | Australia | 19 May 2023
Statutory warranties under NSW Home Building Act: new defects but the same cause of action
In Parkview Constructions Pty Ltd v The Owners - Strata Plan No 90018 [2023] NSWCA 66, the NSW Court of Appeal has provided insight into the…
King & Wood Mallesons | Australia | 18 May 2023
Annual Digest of Judgments and Proceedings Against Directors
In this digest we provide a summary of key judgments and proceedings against directors in 2022. We summarise court judgments and proceedings…
Piper Alderman | Australia | 17 May 2023
NSW Court of Appeal rules on non-compete clauses in M&A transactions - What’s new?
On 16 May 2023 the New South Wales Court of Appeal handed down its decision in DXC Eclipse Pty Ltd Wildsmith [2023] NSWCA 98. The case considered…
HFW | Australia | 16 May 2023
Case note - Roberts v Goodwin street developments PTY LTD 2023 NSWCA 5
A recent NSW Court of Appeal decision held that the retrospective statutory duty of care under the Design and Building Practitioners Act 2020 (NSW)…
