The majority of matters that are arbitrated in the international arena are construction dis-putes involving claims for damages for breach of contract. The primary reasons for the increas-ing popularity of arbitration are flexibility, expertise on the arbitral panel, and the attraction of the assumed ease of enforcement in countries that are parties to the New...Read More
This article will trace the evolution of the common law concept of caveat emptor where a vendor only had to disclose latent defects in title whether or not known to the vendor, to the constraints now placed on vendors via their obligations pursuant to s 52A of the Conveyancing Act 1919 (NSW) and s 18 of the Australian...Read More
A study on the difficulties that face the enforcement of foreign arbitral awards in the Asia Pacific, namely in Singapore, Indonesia and Hong Kong. The article can be downloaded hereRead More
‘that uncertainty that appears necessarily to affect this area of the law if entitlement to damages is to depend upon [a] case-by-case application of a general policy, itself inflexible and ill-defined and dependent upon a survey of a quite variable group of considerations, many of which will be susceptible of the production of differing, subjective...Read More
Recent Developments in Pure Economic Loss (27/11/2013) – See also the chapter on professional liability in Bailey, Construction Law in Australia, Thomsen Reuters, 4th edition. In The Owners – Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317 (the Brookfield case), developers had contracted with the builder to design and construct a 22 storey building consisting of both...Read More
The NSW Court of Appeal’s recent decision in Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227 has once again demonstrated the willingness of courts to give effect to commercial contracts and its reluctance to hold commercial contracts void for uncertainty. The issue in the case was whether the Heads of Agreement entered into...Read More
Caveats are the traditional way in which a person with an equitable interest in a parcel of real property can protect their interest in that property. The High Court case of Black v Garnock suggested that purchasers under contract should always lodge a caveat and shows the risks of not doing so. The incidence of fraud in...Read More
Mediation, Adjudication and Arbitration – What gets the job done? from Laina Powerpoint for the talks presented at the Thomsen Reuters Building and Construction Law Conference in Sydney and Brisbane in November 2018 on Alternative Dispute Resolution in Construction Project may be viewed here as well.Read More
