Case note on Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd
In Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd, Queensland Investment Corp had contracted with Delta to undertake some excavation work in preparation for the construction of a high-rise building. Delta had subcontracted the installation of rock anchors for four retaining walls to Team Rock Anchors Pty Ltd (TRA). The work of TRA
- Published in Insurance - Contractors All Risks
The penumbral duty of care — is a principled approach possible (2013) 21 TLJ 106
In this article, Laina Chan explores the evolution and development of the law in relation to the penumbral duty of care of solicitors and notes the increased willingness of the New South Wales Court of Appeal in recent times to find the existence of a penumbral duty of care in certain circumstances. The author notes
- Published in Construction Contracts
When conveyances go wrong — Vendor breaches (2011) 20 APLJ 33
This article will trace the evolution of the common law concept of caveat emptor where a vendor only had to disclose latent defects in title whether or not known to the vendor, to the constraints now placed on vendors via their obligations pursuant to s 52A of the Conveyancing Act 1919 (NSW) and s 18
- Published in Construction Contracts
The extended statutory duty of care for construction work in NSW
The Design and Building Practitioners Act provides that a person who carries out ‘construction work’ has a duty to exercise reasonable care to avoid economic loss caused by defects in, or related to, a building for which the work was done. The article can be downloaded here
- Published in Construction Contracts
Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues
This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85. It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration
- Published in Construction Contracts

