Stone v Chappel
[2017] SASCFC 72
Citation 1
(Para 32)
…pt. I note that these considerations were also identified by the Full Court of South Australia in Stone v Chappel.[107] [106] [2010] VCAT 1202. [107] [2017] SASCFC 72, 55.…
Wheeler v Ecroplot Pty Ltd
[2010] NSWCA 61
Citation 2
(Para 38)
…ctually permitted depth. The respondent opposed the cost of underpinning, on the basis it would be disproportionate to the damage suffered. [108] [2010] NSWCA 61 (“ Wheeler ”). [109] Ibid, 81.…
Westpoint Management Ltd v Chocolate Factory Apartments Ltd
[2007] NSWCA 253
Citation 3
(Para 6)
…nd that rectification is out of all proportion to achievement of the contractual objective or to the benefit to be thereby obtained.[116] [115] [2007] NSWCA 253. [116] Ibid, 60 – 61.…
Hyder Consulting (Australia) Pty Ltd v Wilh Wilhelmsen Agency Pty Ltd
[2001] NSWCA 313
Citation 4
(Para 8)
…nts in Hyder in the context of intention, His Honour did not make any comments indicating he had moved away from the above statement in Hyder . [117] [2001] NSWCA 313, 19.…
Concut Pty Ltd v Worrell
[2000] HCA 64
Citation 5
(Para 9)
…rminate a contract.[30] [30] Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359, 377–378; Concut Pty Ltd v Worrell (2000) 75 ALJR 312; [2000] HCA 64, 27 – 28, 42. The progress of the works between 6 July and 26 July 2021…
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 6
(Para 16)
…tractor. There is no common law that recognises the implication of such a term as being customary. It cannot meet the test for implication. [101] (1977) 180 CLR 266.…
Bellgrove v Eldridge
[1954] HCA 36
Citation 7
(Para 29)
…of the contract, the plaintiff was entitled to have the contract works remedied by a third party.[104] [104] For example, Bellgrove v Eldridge [1954] 90 CLR 613, 618-619 (“ Bellgrove ”). Was the method of rectification reasonable?…
Shepherd v Felt & Textiles of Australia Ltd
[1931] HCA 21
Citation 8
(Para 9)
…not aware of them until after the termination, to support a decision to terminate a contract.[30] [30] Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359, 377–378; Concut Pty Ltd v Worrell (2000) 75 ALJR 312; [2000] HCA 64, 27 – 28, 42. The progress of the works between 6 July and 26 July 2021…
Minister for Public Works v Renard Constructions (Me) Pty Limited
[1992] HCATrans 288
Citation 9
(Para 15)
…rivial default. Instead, there is an implied term that the parties to a contract must act reasonably in implementing terms of the contract. [100] (1992) 26 NSWLR 234, specifically pages 258 & 260.…