Casewatch Index

Casewatch are presented by Doyles Construction Lawyers Pty Ltd

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Casewatch publications are intended to be a topical report on recent court cases in the construction, development and project industries.

They are not intended to be a substitute for legal advice and no liability is accepted by Doyles Construction Lawyers
or Mosaic Project Services Pty Ltd.

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Topics included in the Casewatch Indext:

- Adjudication Casewatch publications focused on
- Arbitration Casewatch publications focused on
- Contract & Tort Casewatch publications focused
   on general law
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Other related sections of the PMKI:

- Construction & Engineering Management
- Claims and Forensic Analysis
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Arbitration & other ADR

Brown v Smith[2023] QCAT 341
While Tribunals have more flexible rules of evidence than the courts, this decision serves as a reminder that even obvious facts need to be proved with evidence.
[View Casewatch PDF]

John McDonald Building Services Pty Ltd v Gusa [2022] NSWCATAP 60
This decision confirms and summarizes the grounds of appeal which constitute 'a question of law', particularly in respect of appeals made under s80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).
[View Casewatch PDF]

Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors;
Rinehart & Anor v Georgina Hope Rinehart (in her personal capacity as Trustee of the Hope Margaret Hancock Trust and as Trustee of the HFMF Trust) & Ors [2019] HCA 13

This case highlights the High Court’s willingness to give a wide interpretation to arbitration clauses, the vital importance of context in the interpretation of arbitration clauses, and to be more willing to send parties to arbitration.
[View Casewatch PDF]

Sanders v Gemmill Homes Pty Ltd
The WA State Administrative Tribunal has found that both Builders and Owners should note the benefit of the Builder rectifying his defects as often this is beneficial to both parties and is favoured by the Courts or Tribunal.
[View Casewatch PDF]

Fluor Australia v Santos Limited
The Supreme Court of QLD has recently upheld that the the dispute resolution clauses in the contract should be complied with before Coutrt proceedings can continue.
[View Casewatch PDF]

Limin James Chen & Anor v Kevin McNamara & Sons Pty Ltd & Anor
Following a dispute between the parties, an Arbitration Award was made in favour of the Defendant and the Plaintiff sought leave for judicial review. The judgement demonstrates the difficulty in appealing the decisions of arbitrators and the alleged errors need to be evident or obvious, rather than arguable.
[View Casewatch PDF]

Haissam Assafiri v The Shell Company of Australia
This case has reinforced the requirements of expert witnesses in providing their opinions in litigation to ensure the report adequately sets out a logical chain of reasoning in the formation of their conclusions.
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Tryhaz v Fielder
This case confirms the proposition that the Court will not ordinarily interfere with the Referee’s Report and will not ordinarily allow fresh evidence or submissions which could have been made before the Referee.
[View Casewatch PDF]

Liverpol v Casbee
A party to an arbitration must exercise due diligence by referring a dispute to arbitration without delay. However, for an arbitration to be terminated a party must demonstrate that there has been an inexcusable delay and a serious risk of prejudice, that is by demonstrating the unavailability of witnesses and loss of documents or other sources of information.
[View Casewatch PDF]

Brecon Builders v Ripa Steel
A breach of natural justice is likely to be committed where an arbitrator decides a major part of a claim without giving the parties fair opportunity to be heard.
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