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

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

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

Significance: The case raised a number of issues of general interest and application to commercial property professionals (including agents and architects), developers, purchasers and lenders: The actionable potential of marketing materials; The significance of a notation that the depiction was an artist’s impression; The ineffectiveness of a disclaimer; The ineffectiveness of an exclusion clause in the

  In ex parte Argyle Building Services Pty Ltd v Dalamex Pty Ltd trading as RK Basement & Structure Solutions & Anor (Unreported, Supreme Court of Victoria, Delany J 10 January 2022) RK obtained an Adjudication Determination for $431,266.80 immediately due for payment. RK obtained judgement in the County Court for $440,746.29 pursuant to s 28R of the Building and Construction Industry

This matter concerned a builder and subcontractor that entered subcontracts in which the subcontractor was to supply stone to four building projects. The builder served a termination notice on the subcontractor alleging failure to complete by the dates for completion. The notice stated the builder would seek liquidated damages for delay at $3,500 per day