Devine Constructions Pty Ltd v Stowe Australia Pty Ltd & Ors [2022] QSC 51
11-4-22 / Michael Trim, Matthew Hickey OAM KC, Rachel De Luchi — Building & Construction, Contract, Professional Negligence
In a proceeding concerning alleged breaches of contract and negligence in the construction of a high-rise apartment building at Hamilton, three separate defendants sought to strike out aspects of the plaintiff's claims against them. In this application, Matthew Hickey OAM (instructed by DLA Piper) appeared for the successful second defendant. In…
Imam v Life (China) Company Limited & Ors [2021] QSC 124
28-5-21 / Michael Trim — Contract
The Plaintiff, who was experienced in the fashion industry, assisted the inexperienced Third Defendant to develop a successful luxury fashion retail business which the Court found now thrives in mainland China, Hong Kong and Macau. This case involved many controversies arising from that business relationship including whether contracts were executed,…
Kangaroo Point Developments MP Property Pty Ltd v RHG Construction Fitout and Maintenance Pty Ltd & Ors [2021] QSC 30
26-2-21 / Michael Trim — Building & Construction, Contract
The parties to a design and construct contract were in dispute about whether an adjudication decision was valid. That included disputes on a number of matters including what constituted the relevant payment schedule under s 69 of the Building Industry Fairness (Security of Payment) Act 2017 (a superintendent’s determination or…
1-10-20 / Michael Trim, Matthew Hickey OAM KC — Contract
The applicant, the operator of the Gold Coast Light Rail system (The System), and the respondent, a contractor for design and construction elements on the system, were parties to a written agreement in the form of a deed. A dispute arose between the parties about works performed on The System…
A successful Application to strike out particulars and resist lifting a stay on a Notice of Non-Party Disclosure. The Plaintiff/Respondent was a contractor which seeks payment of approximately AUD 1.1 million from the Defendant/Applicant in connection with works at a subdivision development. The proceeding involves allegations about the effect of…
