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6-11-26 / Michael Hodge KC — Contract, Banking, Insurance
Michael Hodge KC (leading D Tay) represented the respondents, instructed by Clayton Utz. An interlocutory application by the respondents seeking the recusal of Derrington J from proceedings arising out of the 2021 explosion of Unit C4 at the Callide C Power Station. The applicant, IG Power (Callide) Ltd, alleges that…
30-10-26 / Jason Mitchenson — Building & Construction, Contract, Judicial Review & Administrative
Jason Mitchenson represented the successful applicant, instructed by Shannon Clark Tuhtan Lawyers. The applicant sought to set aside an adjudication decision made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) on the grounds that: (1) the adjudicator failed to determine the reference date or impliedly relied on…
21-9-26 / Lucinda Brabazon — Building & Construction, Contract
Lucinda Brabazon represented the first defendant, instructed by Preston Law. In 2017, the first defendant entered into a subcontract with the plaintiff to design and construct shoring work for a service station. Shortly after construction, the sheet piling wall collapsed. The plaintiff argued it could set off $151,000, the cost…
16-9-26 / Rob Anderson KC, Matthew Wilkinson — Competition & Consumer, Contract
The applicant sought orders for a refund and compensation for financial losses in respect of an Automatic Cone Truck Vehicle ('ACT vehicle') purchased from the respondent for $586,080. The applicant relied on two grounds. First, that the respondent breached an express contractual warranty of acceptable quality, as the ACT vehicle…
11-9-26 / Andrew O'Brien KC, Chris Stackpoole — Appellate, Contract, Land Law & Property
Andrew O'Brien KC and Chris Stackpoole appeared for the Appellants, instructed by Bartley Cohen. This appeal arose from a brotherly dispute concerning a family agreement, under which the trial judge found that the appellants had breached their obligations by failing to account to the respondent for profits from development properties…
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