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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

Estopped – NSW Supreme Court prevents contractor from proceeding with adjudication application in TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72 ||| MTECC News 20.02

Estopped – NSW Supreme Court prevents contractor from proceeding with adjudication application in TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72 In TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72, the New South Wales Supreme Court has restrained a defendant from proceeding with an adjudication application,

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Opinionated – maintaining privilege in communications between lawyers and experts discussed in Finance Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665 ||| MTECC News 20.01

Opinionated – maintaining privilege in communications between lawyers and experts discussed in Finance Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665 The Supreme Court of Victoria recently handed down its decision in Finance Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665, which considered the extent to which

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When is notice not required? Contractual termination by owners upheld in Visual Building Constructions Pty Ltd v Armistead

In Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280, the appellant (builder) had entered into a contract with the respondents to build a duplex building on land owned by the respondents for $400,000.  In breach of the contract, the builder had not obtained a Construction Certificate before it commenced work.  In early June 2015,

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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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