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MTECC NEWS

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

Current and previous newsletters

Who do I sue? Post contractual conduct and identification of contracting parties in BH Australia Constructions Pty Ltd v Kapeller [2019] NSWSC 1086 ||| MTECC News 19.21

The issue for determination in this case was whether evidence of subsequent conduct is admissible in establishing the identity of a contracting party.   Leeming JA held that such evidence was not admissible and cannot be so used in relation to a contract which is wholly written.  Where the contract is partly written and partly oral

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When is 10 years 10 years? Domestic Building Dispute Resolution Victoria and the 10 year limitation period ||| MTECC News 19.20

When is 10 years 10 years? Domestic Building Dispute Resolution Victoria and the 10 year limitation period In Owners Corporation 1 Plan No PS 543073S v Eastrise Constructions Proprietary Limited (Building and Property)[2019] VCAT 1629 VCAT has clarified the application of the 10-year limitation period in s.134 of the Building Act 1993 (Vic), particularly whether an application

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The king (quantum meruit) is dead, long live the king! ||| MTECC News Edition 19.19

In Mann v Paterson Constructions Pty Ltd [2019] HCA 32, (Mann v Paterson), the respondent builder claimed against the owner an entitlement to recover payments for its work, including variations, upon a quantum meruit (literally, a reasonable sum of money to be paid for services rendered).  The respondent’s claim was upheld at first instance and

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A bridge too far – application for summary judgment rejected in John Beever (Aust) Pty Ltd v Roads Corporation [2018] VSC 635 ||| MTECC News Edition 19.18

John Beever (Aust) Pty Ltd v Roads Corporation [2018] VSC 635 Facts: John Beever (Aust) Pty Ltd (Beever) and Roads Corporation (VicRoads) entered a construction contract in respect of strengthening works to the Wallen Road Bridge in Hawthorn. On 11 April 2017, Roads Corp certified that practical completion of the works had been achieved on

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Air warfare over termination – Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 ||| MTECC NEWS Edition 19.17

Air warfare over termination – Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 What is a reasonable time within which to elect to terminate?  This was one issue in Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 ASC had a Contract with the Commonwealth for the procurement of

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Paradise Lost – The High Court considers the scope of legal professional privilege in Glencore International AG v Commissioner of Taxation [2019] HCA 26 ||| MTECC News Edition 19.16

Paradise Lost – The High Court considers the scope of legal professional privilege in Glencore International AG v Commissioner of Taxation [2019] HCA 26 In the recently published decision in Glencore, the High Court considered the question of whether the law of legal professional privilege (LPP) operates only as a defensive mechanism to resist compulsory

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