SNL Group Pty Ltd v CMA Corporation Ltd
[2011] NSWSC 464
Citation 1
…0In 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 605. At paragraph 53, Sackar J noted the distinction “ between the ineffective agreeme…
El-Mir v Risk
[2005] NSWCA 215
Citation 2
…nsideration ”. 61In 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 the parties’ intentions, which may be discerned from the terms of the document said…
Commercial Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd
[2015] VSC 426
Citation 3
…Ltd v Cooperative Builders Pty Ltd [2013] VSC 552 and Commercial Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd [2015] VSC 426 ”. 28This assertion was disputed by May constructions on the following factual bases: a.payment claim no.17 related to the period ending 29 February 2016 and was…
Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors
[2013] VSC 552
Citation 4
…17 and to that extent was invalidated by section 14(8) of the BCISPA; see Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd [2013] VSC 552 and Commercial Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd [2015] VSC 426 ”. 28This assertion was disputed by May constructions on th…
Maxstra Constructions Pty Ltd v Joseph Gilbert & Ors
[2013] VSC 243
Citation 5
…added). 67Justice Vickery reaffirmed this statement of principle in Maxtra Constructions Pty Ltd v Gilbert [2013] VSC 243 noting that, “ the observations made by the Court in Seabay were made in the context of considering whether a claim for liquidated damages made by a respondent to a progress claim amounted to…
Seabay Properties Pty Ltd v Galvin Construction Pty Ltd
[2011] VSC 183
Citation 6
…ew, the submission is contrary to the reasoning of Vickery J in Seabay Properties Pty Ltd v Galvin Construction Pty Ltd [2011] VSC 183 (“ Seabay ”) at paragraph 24, as follows: “ In my opinion, a proper construction of s. 10B of the Act renders the defined ‘excluded amounts’ applicable, not only to the statutory…
Fitzroy Shopfitting and Building Pty Ltd v Solene Investments Pty Ltd
[2016] VCC 1352
Citation 7
…Fitzroy Shopfitting and Building Pty Ltd v Solene Investments Pty Ltd [2016] VCC 1352 at paragraphs 12 to 17, I set out the relevant principles to be applied in determining whether there had been an “ accord and satisfaction ”. I shall repeat the analysis of cases I made in that case in the following paragraphs. 5…