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Sinclair v Chandler MacLeod Group Pty Ltd

Sinclair v Chandler MacLeod Group Pty Ltd

Case [2011] VCC 1346

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AGLC: Sinclair v Chandler MacLeod Group Pty Ltd [2011] VCC 1346
Case: [2011] VCC 1346
Decision Date: 29 September 2011

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Citations

Sinclair v Chandler MacLeod Group Pty Ltd [2011] VCC 1346

Most Recent Citation

Sinclair v Chandler MacLeod Services Pty Ltd [2012] VCC 1868

Cases Citing This Decision

Sinclair v Chandler MacLeod Services Pty Ltd [2012] VCC 1868
Citation 1

…certain matters to me for my decision. They relate to Counsel’s fees in a trial I determined by reasons for judgment delivered on 29 September 2011([2011] VCC 1346). 2The trial was conducted shortly after a change in the Court Rules and after judgment was entered in favour of the plaintiff, I declined to certify c…

Cases Cited

Statutory Material Cited

Allstate Exploration NL v QBE Insurance (Australia) Ltd [2008] VSCA 148
Citation 1

…Ltd v Cobram Laundry Service Pty Ltd [2001] VSCA 57 at paragraphs 18 and 26, and also All State Exploration NL v QBE Insurance (Aust) Ltd [2008] VSCA 148 at para. 7).…
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52
Citation 2

…ndings of the parties about their rights and liabilities that govern their contractual relations ” ( Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 at 179 per Gleeson CJ, Gummow, Hayne, Callinan and Heydon JJ);…
Maggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 70
Citation 3

…easonably have been available to the parties in the situation in which they were at the time of the contract ( Maggbury Pty Ltd v Hafele Aust Pty Ltd (2001) 210 CLR 181 at 188 per Gleeson CJ, Gummow and Hayne JJ quoting with approval Lord Hoffmann in Investors " at 912; [1998] 1 All ER 98 at 114);…
Murray Goulburn Co-operative Co Ltd v Cobram Laundry Service Pty Ltd [2001] VSCA 57
Citation 4

…reasonable consequences ” which would follow from a literal reading ( Murray Goulburn Cooperative Co Ltd v Cobram Laundry Service Pty Ltd [2001] VSCA 57 at paragraphs 18 and 26, and also All State Exploration NL v QBE Insurance (Aust) Ltd [2008] VSCA 148 at para. 7).…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24
Citation 5

…d merged in the contract itself ” ( Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 per Mason J at 352). e. There was no discussion between the parties as to how clauses 4.2 and 4.3 might operate if there were a negative Earn Out Amount in 2009. Mr Sinclair had not even cons…
Maralinga Pty Ltd v Major Enterprises Pty Ltd [1973] HCA 23
Citation 6

…instrument recording the agreement of the parties “ does not reflect their common intention ” ( Maralinga Pty Ltd v Major Enterprises Pty Ltd (1973) 128 CLR 336 at 350 per Mason J). 51 Mr Hopkins submitted that the fact that such a claim was made indicated that the relevant clauses should, on a literal reading, be gi…
Fitzgerald v Masters [1956] HCA 53
Citation 7

…g. in construing a contract, “ words may be supplied, omitted or corrected in order to avoid absurdity or inconsistency ” ( Fitzgerald v Masters (1956) 95 CLR 420 at 426-7 per Dixon CJ and Fullagar J). h. commercial contracts must be construed in that way “ so as to accord with commercial reality or business common…

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