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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 21.05 ||| Navigating expert determination clauses – Queensland Court of Appeal overturns determination for lack of contractual compliance

In Middlemount South Pty Ltd v Anglo American Metallurgical Coal Assets Pty Ltd & Anor [2020] QCA 132, the Queensland Court of Appeal allowed an appeal and found that part of an expert determination was not valid because the expert erred in its application of the contract clause governing the preparation of final completion accounts in

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MTECC News 21.04 ||| Co-operation and prevention – VSCA takes narrow approach in Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69

In Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69 the Victorian Court of Appeal considered whether the prevention principle must arise as result of a breach of the contract/implied duty to cooperate or operates independently as a concept removed from the contract. Background In early 2015, Key Infrastructure Australia

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MTECC News 21.03 ||| Costs, consequences and proportionate liability – NSW Court of Appeal decision highlights strategic risks faced by plaintiffs

The recent NSW Court of Appeal decision in Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation) (No 2) [2021] NSWCA 35 provides useful guidance about the cost consequences of unsuccessfully making a claim against a party who an existing defendant asserts is a concurrent wrongdoer. The proceeding concerned a

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MTECC News 21.02 ||| Excluded amounts and summary judgment – making sure your payment claim is valid following Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 44

The proceeding concerned an appeal from an application pursuant to s 16(4) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act) for an order that the Defendant pay a debt arising from its failure to satisfy or otherwise issue payment schedules in respect of a purported payment claim. The payment claim in question

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MTECC News 21.01 ||| Kicking it to the referee(s) – the Queensland Supreme court refers $1.4bn dispute to panel of three referees

Kicking it to the referee(s) – the Queensland Supreme court refers $1.4bn dispute to panel of three referees In Santos Limited v Fluor Australia Pty Ltd & Anor (No 2) [2020] QSC 373 (Santos) the Queensland Supreme Court has ordered all questions “raised on the pleadings as amended from time to time” in relation to a $1.4bn dispute concerning the Surat

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Is your payment claim a final claim? The Victorian Supreme Court considers the process for detemining whether a claim for payment is final in Citi-Con v Trojan Built [2020] VSC 557 ||| MTECC News 20.21

Is your payment claim a final claim? The Victorian Supreme Court considers the process for detemining whether a claim for payment is final in Citi-Con v Trojan Built [2020] VSC 557 In Citi-Con (Vic) Pty Ltd v Trojan Built Pty Ltd [2020] VSC 557, the issues considered by Justice Stynes of the Supreme Court of Victoria were

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