Cases - Level Twenty Seven Chambers

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Contract Cases

Ausipile Pty Ltd v Bothar Boring and Tunnelling (Australia) Pty Ltd [2021] QSC 39

5-3-21 / Sam McCarthy — Contract

Sam McCarthy appeared for the Respondent, instructed by Thomson Geer. The judgment is published here.

Kelly v Chelsea on the Park Pty Ltd [2020] QLC 36

6-11-20 / Sam McCarthy — Contract, Land Law & Property

The applicant miner applied to renew an alluvial gold mining lease on the respondent landowner’s grazing property. The parties disagreed on the amount of compensation the applicant was required to pay the respondent under s 281 of the Mineral Resources Act 1989 and about the area of the property that…

Samios Plumbing Pty Ltd v John R Keith (QLD) Pty Ltd [2019] QDC 237

29-11-19 / Anthony Messina, Sam McCarthy — Contract

The plaintiff supplied plumbing goods to the defendant on credit. The plaintiff sued for debts allegedly owed by the defendant for goods supplied. An issue in the proceeding was the terms which governed the plaintiff’s supply of goods to the defendant. Determining the question separately from the substantive proceeding, the…

Scomparin v Sekisui House Services (Qld) Pty Ltd [2018] QCAT 426

24-10-18 / Sam McCarthy — Building & Construction, Contract

A contractual dispute in which a building contract included a twenty-five year guarantee of a roofing structure. The dispute centred on the meaning of structural failure under the guarantee and the cause of any such failure. Sam McCarthy appeared on behalf of the respondent, instructed by Mills Oakley. The judgment…

Gailey Projects Pty Ltd v McCartney [2017] QSC 185

5-9-17 / Glenn Newton KC, Sam McCarthy, Bianca Kabel — Contract, Land Law & Property

An interesting application concerning the question of whether the substantive proceeding had been compromised on the first day of trial. Glenn Newton QC and Sam McCarthy appeared for the plaintiff/respondent, instructed by Russells. Bianca Kabel (led by D O'Sullivan QC) appeared for the defendants/applicants, instructed by HWL Ebsworth.

Cases — Sam McCarthy