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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.

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

MTECC NEWS 22.09 ||| Restitution after Mann – the Victorian Supreme Court considers restitutionary principles in Hutchison Pty Ltd v Port Melbourne Land Custodians Pty Ltd [2022] VSC 339

The High Court’s decision in Mann v Paterson (2019) 267 CLR 560 resolved fundamental questions concerning the relationship between the law of contact and the law of restitution in Australia. In addition to dispensing with the “recission fallacy” (at [8]) a plurality of the court cited decisions of superior courts to the effect that the law of restitution should yield

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MTECC NEWS 22.08 ||| Don’t assume that a licence to use design plans is always implied

In Building Corporation WA Pty Ltd v Marshall (No 2) [2022] WASC 140, the Court held that clients who had contracted with a luxury home builder to prepare a “Design Concept Plan” did not have an implied licence to use the design prepared. Facts The clients entered into a “Contour Survey and Conceptual Design Agreement” with the

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MTECC NEWS 22.07 ||| Assessing Witness Credibility

[Note: this is an extended version of an MTECC News Article by Dr Richard Manly QC published on 30 May 2022]   The proper approach to the question of the credibility of a witness has been canvassed from time to time. [1] However, it must be appreciated there is a distinction between issues of credit

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MTECC NEWS 22.06 ||| Evidence, inferences and appeals – NSWCA overturns findings of fact in The Owners – Strata Plan 87265 v Saaib [2022] NSWCA 63

In The Owners – Strata Plan 87265 v Saaib [2022] NSWCA 63 the New South Wales Court of Appeal had to grapple with the inferences that could be drawn from circumstantial evidence, the use of “tendency evidence” and the failure of the respondent Mr Saaib, a licensed builder, to call his nephew, Mr Zaatini, an alleged

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MTECC NEWS 22.05 ||| Commerciality and rectification – Victorian Supreme Court rectifies contract to avoid commercial absurdity in Melbourne Property Group Investments (MPGI) Pty Ltd as trustee for the MPGI Trust v. Knight 43 Martin Street Pty Ltd [2022] VSC 41

Successful rectification claims include those where the proposed rectification aligns with the commercial reality of the transaction and contemporaneous written records of associated negotiations. Facts The plaintiff (“MPGI”) and the defendant (“Knight 43”) were involved in the development of two luxury apartments. MPGI was an investment vehicle established by Mr Pelchen. Knight 43’s sole director

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MTECC NEWS 22.04 ||| Taking evidence from overseas by video hearing

Over the last two years, we have moved to take evidence and conduct hearings by video-conferencing platforms as a consequence of the COVID-19 pandemic. Anecdotally, it seems many participants to litigation have simply moved across to video-conferencing and allowed their witnesses to give evidence other than in the jurisdiction of the court or tribunal. Two

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