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Level Twenty Seven Chambers

Building & Construction Cases

Santos Limited v Fluor Australia Pty Ltd & Anor (No 2) [2020] QSC 373

18-12-20  /  Jason Mitchenson  —  Contract, Building & Construction

The Applicant brought an application under rule 501 of the Uniform Civil Procedure Rules 1999 (Qld) to refer all questions raised on the pleadings to a panel of three referees. In ordering the reference, Bradley J considered the scope of the Court’s power under rule 501 (which was introduced by…

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Santos Limited v Fluor Australia Pty Ltd & Anor [2020] QCA 254

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)…

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Santos Limited v Fluor Australia Pty Ltd & Anor [2020]

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.…

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Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2020] QCAT 56

26-2-20  /  Jason Mitchenson  —  Building & Construction

This was an application by a builder to review a decision of the Queensland Building and Construction Commission that a homeowner validly terminated a residential building contract with the consequence of allowing a claim under the statutory insurance scheme. The case primarily concerned the proper construction that ought to be…

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