Beba Enterprises Pty Ltd v Gadens Lawyers
[2013] VSCA 136
Citation 1
…erefore void (see Gardens Lawyers v. Beba Enterprises Pty Ltd [2012] VSC 519 per Emerton J, on appeal as Beba Enterprises Pty Ltd [2013] VSCA 136 (“ Beba ”) and GLS v. Goodman Group Pty Ltd [2015] VSC 627 per Macaulay J). 26In Beba , the Court of Appeal affirmed the correctness of Emerton J’s conclusion that “ Beb…
SNL Group Pty Ltd v CMA Corporation Ltd
[2011] NSWSC 464
Citation 2
…be imposed if the prospective obligor performs a stipulated act…or does nothing ”. 15In SNL Group Pty Ltd v CMA Corporation Ltd [2011] NSWSC 464, Sackar J at paragraphs 43 to 55, dealt with a line of authorities commencing with Penny v Cole (“ Pinnel’s Case ”) (1602) 5 Co. Rep. 117a and Foakes v Beer [1884] 2 AC 60…
El-Mir v Risk
[2005] NSWCA 215
Citation 3
…hat purports to extinguish or reduce an existing debt whilst also providing fresh consideration ”. 17In El-Mir v Risk [2005] NSWCA 215, McColl JA (with whom Handley and Ipp JJA agreed) stated at [54] that, “ The question of whether there has been an accord and satisfaction is one of fact. It turns upon determining…
GLS v Goodman Group Pty Ltd
[2015] VSC 627
Citation 4
…012] VSC 519 per Emerton J, on appeal as Beba Enterprises Pty Ltd [2013] VSCA 136 (“ Beba ”) and GLS v. Goodman Group Pty Ltd [2015] VSC 627 per Macaulay J). 26In Beba , the Court of Appeal affirmed the correctness of Emerton J’s conclusion that “ Beba, as a non-associated third party payer, was not precluded fro…
Gadens Lawyers v Beba Enterprises Pty Ltd
[2012] VSC 519
Citation 5
…lude the statutory right to a “ costs review ” under the LPA, was therefore void (see Gardens Lawyers v. Beba Enterprises Pty Ltd [2012] VSC 519 per Emerton J, on appeal as Beba Enterprises Pty Ltd [2013] VSCA 136 (“ Beba ”) and GLS v. Goodman Group Pty Ltd [2015] VSC 627 per Macaulay J). 26In Beba , the Court of…
Grocon Constructors Pty Ltd v Planit Cocciardi Joint Venture (No 2)
[2009] VSC 426
Citation 6
…for the rapid adjudication of payment disputes at a low cost to the parties’ (Grocon Constructors v Planit Cocciardi Joint Venture (No. 2) [2009] VSC 426, per Vickery J at para. 33). 16.If a broad interpretation of the Act were to be applied, it may have the effect of preventing parties from compromising a proce…
Simtec Group Pty Ltd v Ascot Building Pty Ltd
[2016] VCC 1127
Citation 7
…n issue that had been raised before me in the matter of Simtec Group Pty Ltd v Ascot Building Pty Ltd [2016] VCC 1127. The parties requested the opportunity to file written submissions, including in relation to section 48 of the Act. Although it will be necessary to return to this issue, it is appropriate to first…