28-5-21 / Damian Clothier KC, Florence Chen — Building & Construction, Contract
An appeal from a decision of the Supreme Court of Queensland. At first instance, the Court held that an adjudication decision made under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) was not valid. The Appellant (RHG Construction) was the builder and the Respondent (KP Developments) was…
19-4-21 / Damian Clothier KC, Stewart Webster — Contract, Land Law & Property
In a proceeding for declarations of constructive trust over property forming part of a deceased estate, the executor (the defendant) applied for and obtained orders for the removal of a caveat over an estate property to allow the property to be sold and the proceeds used to pay expenses including…
1-9-20 / Damian Clothier KC, Stewart Webster — Contract
This appeal concerned the proper construction of a unilateral variation provision in a contract and whether the provision was subject to implied terms, including an implied term of good faith. The first respondent operates Queensland’s largest a freight rail network, which is used in part for shipping coal from mines…
29-5-20 / Damian Clothier KC — Contract
An appeal from a decision of the Supreme Court dismissing the appellants’ claim for damages for breach of contract. The claim arose from the sale by the first and second appellants, (who was later replaced by the third appellant), as the “Vendors”, to the second respondent, as the “Purchaser”, and…
11-10-19 / Damian Clothier KC, Kristi Riedel, Michael Trim — Competition & Consumer, Contract, Employment & Industrial
The plaintiff’s principal claim against their former employer was for damages for the wrongful purported termination of their employment in 2015. The plaintiff had been the defendant company's chief executive officer since 2001. The respondent purported to terminate the plaintiff's employment for breach of its share trading policy for its…
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