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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 22.03 ||| The art of misleading marketing – the Federal Court finds an artist’s impression of an off the plan apartment was misleading in Ripani v Century Legend Pty Ltd [2022] FCA 242

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

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MTECC NEWS 22.02 ||| In what circumstances will a freezing order be granted under the Building and Construction Industry Security of Payment Act 2002 (Vic)?

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

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MTECC News 22.01 ||| The two Ps of a liquidated damages defence: Prevention and Penalties – Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd [2021] NSWSC 290

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

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MTECC News 21.12 ||| Where a grate drain is not a great drain: remoteness redux

In Pattersons Insurerbuild Pty Ltd v AWS Services Vic Pty Ltd [2021] VSC 639, the Supreme Court of Victoria (on appeal from VCAT) recently considered a simple contractual damages claim that did not fit comfortably within orthodox contractual damages assessment principles. Where a party breaches a contract by failing to perform works in accordance with the standard

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MTECC News 21.11 ||| Reconsidering Shape – The Victorian Supreme Court cast doubt on the future of Shape v Nuance [2018] VSC 808 (Shape) in Goldwind Australia Pty Ltd v Ale Heavylift (Australia) Pty Ltd [2021] VSC 625 (ALE Heavylift)

In ALE Heavylift the Victorian Supreme Court refused to quash an adjudicator’s determination that a payment claim issued by a subcontractor was for work done rather than an attempt to ‘recoup’ an excluded amount. The decision casts significant doubt on the reasoning set out in the court’s previous decision in Shape and a respondent’s ability to rely on previously

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MTECC NEWS 21.10 ||| Another marine contract scuttled – West Australian Court of Appeal upholds finding that boat building contract void for total failure of consideration in Scott Fury trading as Fury Custom Boats v Nasso [2021] WASCA 171

The Court of Appeal of the Supreme Court of Western Australia recently dismissed an appeal from a decision of the District Court that the purchaser under a written contract for the construction of a new design “dual console” fishing boat. It was a far cry from a submarine contract dispute but the trial judge

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