In April 2025, two New South Wales decisions were handed down regarding the above issue.  Those decisions are the New South Wales Court of Appeal decision of Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd [2025] NSWCA 49 (Martinus Decision), and the decision of Peden J in Builtcom Construction Pty Ltd v VSD Investments Pty

In Enpresionante Pty Ltd v Victorian Managed Insurance Authority (Building and Property) [2024] VCAT 1054, the Tribunal was required to determine whether a claim on VMIA policies by a building owner was characterised as being for loss resulting from defective building work by an insolvent builder (which would be covered by the policy) or was, in truth,

The High Court decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 has wide reaching ramifications to owners or contractors who have entered into arbitration agreements and have not, where possible, contracted out of proportionate liability. By way of background, a contractual dispute between Tesseract, an engineering consultancy, and Pascale, a building company

In Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 of PS631436T [2021] VSCA 72 (‘Tanah Merah’), the Court of Appeal sought to clarify how and when apportionable claims could be raised, with reference to cases including its earlier decision in Godfrey Spowers (Vic) Pty Ltd v Lincolne Scott Australia Pty Ltd (2008) 21 VR 84; [2008] VSCA 208 (‘Godfrey Spowers’). But

Readers will recall that in Thurin & Anor v Krongold Constructions (Aust) Pty Ltd & Ors [2022] VSCA 226; 73 VR 403 the Court of Appeal confirmed that VCAT does not have jurisdiction to hear and determine a proceeding involving the exercise of judicial power in relation to federal subject matter.  Consequently, the Victorian Civil and Administrative Tribunal

Damages for consequential loss for a breach of contract are awarded to place a plaintiff in the same position as if the contract had been performed.  The legal onus to prove loss arising from a breach of contract rests on the plaintiff, the party seeking to recover damages.  But what about situations where a breach