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Skill Tiling v Trio Construct

Skill Tiling v Trio Construct

Case [2014] VMC 4

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AGLC: Skill Tiling v Trio Construct [2014] VMC 4
Case: [2014] VMC 4
Decision Date: 12 MARCH 2014

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Skill Tiling v Trio Construct [2014] VMC 4

Cases Citing This Decision

Cases Cited

Statutory Material Cited

United Group Rail Services Ltd v Rail Corporation New South Wales [2009] NSWCA 177
Citation 1

…lve the dispute without more which set it apart from the decision by Allsop P in United Group Rail Services Ltd v Rail Corporation of New South Wales (2009) 74 NSWLR 618 in which the clause sated that the relevant representative of each party “ meet and undertake genuine and good faith negotiations with a view to reso…
Incitec Ltd v Alkimos Shipping Corporation [2004] FCA 839
Citation 2

…29 Various authorities cited by Her Honour, such as Incitec Ltd v Alkimos Shipping Corporation (2004) 2006 ALR 558 per Allsop J at 565-6 confirmed Her Honour’s view that the discretion not to grant a stay in order to allow a dispute resolution clause to be utilised " requires substantial grounds" more so than mere convenience, and “recognising tha…
Elfic Ltd v Macks [2000] QSC 18
Citation 3

…NSW (1981) 149 CLR 337 . Einstein J also referred to the decision of Giles J in Elizabeth bay Developments Pty Ltd v Boral Building Services Pty Ltd (1995) 36 NSWLR 709 , 714 to the effect that apart from the express agreement in the relevant contract to negotiate in good faith, the agreement to mediate did not lay d…
PMT Partners Pty Ltd (in liq) v Australian National Parks and Wildlife Service [1995] HCA 36
Citation 4

…ts. Her Honour at [15] applied a decision of the High Court in PMT Partners Pty Ltd (in liquidation) v Australian National Parks and Wildlife Service (1995) 184 CLR 301 at 311-2 ( per Brennan CJ, Gaudron and McHugh ) in holding that the approach to such clauses should be:…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24
Citation 5

…because the suggested implied term was not so obvious that it would go without saying see, Codelfa Construction Pty Ltd v State Rail Authority of NSW (1981) 149 CLR 337 . Einstein J also referred to the decision of Giles J in Elizabeth bay Developments Pty Ltd v Boral Building Services Pty Ltd (1995) 36 NSWLR 709 , 7…
Huddart Parker Ltd v The Ship Mill Hill [1950] HCA 43
Citation 6

…25 In Huddart Parker Ltd v The Ship Mill [1950] 81 CLR 502 Dixon J said at 508-509:…
Elizabeth Bay Developments Pty Ltd v Boral Building Services Pty Ltd [1999] NSWSC 996
Citation 7

…ut saying see, Codelfa Construction Pty Ltd v State Rail Authority of NSW (1981) 149 CLR 337 . Einstein J also referred to the decision of Giles J in Elizabeth bay Developments Pty Ltd v Boral Building Services Pty Ltd (1995) 36 NSWLR 709 , 714 to the effect that apart from the express agreement in the relevant contract to negotiate in good faith, the agreement to mediate…
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [No 3] [2013] VSC 435
Citation 8

…s in dispute with the applicant. Counsel for the applicant directed me to the decision in Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd & Ors [2013] VSC 435 in which Vickery J determined an application for a stay under s 8 of the Commercial Arbitration Act 2011 brought under s 63 of the Civil Procedure Ac…
WTE Co-Generation v RCR Energy Pty Ltd [2013] VSC 314
Citation 9

…39 In WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor [2013] VSC 314 per Vickery J the contentious clause was in these terms:…
1144 Nepean Highway Pty Ltd v Leigh Mardon Australasia Pty Ltd [2009] VSC 226
Citation 10

…27 In 1144 Nepean Highway Pty Ltd v Leigh Mardon Australasia Pty Ltd [2009] VSC 226 , Davies J considered the approach to be taken to the construction of dispute resolution clauses and commercial contracts. Her Honour at [15] applied a decision of the High Court in PMT Partners Pty Ltd (in liquidation) v Australi…
Medical Practitioners Board of Victoria v Sifredi [2000] VSC 33
Citation 11 (Para 15)

…36 To like effect I note the decision of Warren J (as she then was) in Computershare Ltd v Perpetual Registrars Ltd [2000] VSC 33 at [15] as authority that the parties having agreed upon a dispute resolution procedure, should be required to deal with each other in good faith to overcome such difficulties in orde…
Badgin Nominees Pty Ltd v Oneida Ltd [1998] VSC 188
Citation 12

…23 In Bagdin Nominees v Oneida Ltd [1998] VSC 188 Gillard J said at paragraph 29 of his judgement:…

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