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Level Twenty Seven Chambers

All Cases

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…

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Brisbane Airport Corporation Pty Ltd v Arup Pty Ltd [2017] QSC 232

20-10-17  /  Nicholas Andreatidis KC, Sam McCarthy  —  Building & Construction

This application concerned whether amendments made to a statement of claim fell within the requirements for leave to amend pursuant to rule 376 of the Uniform Civil Procedure Rules 1999 (Qld).

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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.

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Australian Securities and Investments Commission v Drake (no2) [2016] FCA 1552

23-12-16  /  Damian Clothier KC, Steven Forrest, Sam McCarthy  —  Commercial Equity, Corporations

This proceeding was brought by the Australian Securities and Investments Commission against the directors of the former LM Group of companies. The trial concerned allegations by ASIC of breach of directors' duties against five directors of a corporate trustee of a managed investment scheme.

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