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17-11-20 / Jason Mitchenson — Contract, Building & Construction
This was an appeal of the primary judge’s decision to dismiss Santos Limited’s application for further disclosure. The decision considers whether the application for further disclosure constituted a fishing expedition and the correct approach to appeals concerning matters of practice and procedure. Jason Mitchenson appeared (led by Patrick O’Shea QC)…
16-7-20 / Jason Mitchenson — Contract, Building & Construction
This was a decision on two applications. The first was bought by Santos Limited seeking orders for further disclosure. The second was bought by Fluor Australia Pty Ltd and Fluor Corporation seeking an order that Santos Limited file and serve further and better particulars of its amended statement of claim.…
1-4-20 / Rob Anderson KC, Sophie Gibson — Building & Construction, Inquiries & Coronial Inquests
The Paradise Dam Commission of Inquiry was established to examine the root cause of structural and stability issues identified with the Paradise Dam near Bundaberg. Its focus was to determine if, and to what extent, the governance, processes and systems involved in the design, construction or commissioning of the Paradise…
30-3-20 / Rachel De Luchi — Building & Construction
An application to set aside an adjudicator’s decision pursuant to the Building Industry Fairness (Security of Payment) Act 2017 (BIFA) on the basis that: (1) the decision was delivered by the adjudicator outside the period prescribed by the BIFA, and (2) the first respondent was not appropriately licenced to perform…
5-3-20 / Michael Trim KC — Building & Construction, Corporate Insolvency & Bankruptcy, Contract
Application for security for costs. The proceedings involved claims for delay costs and retention monies paid under two subcontracts - with money allegedly due for work done for the provision of rigging and related services for two projects concerning military maintenance work. The defendant denied it was liable for any…
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