It is often the case that valuable management time is spent dealing with the consequences of a breach of contract and/or negligence by another party. Can management expenses involved with such time be recovered as...
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Short-term loan facilities often come with horrendous rates of interest. The WA Supreme Court recently examined a short-term loan with an interest rate of 9.75% per annum during the term of the loan, which increased...
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Building and construction contracts often require that before a contractor is paid, the contractor must give the principal a statutory declaration, to the effect that the contractor’s employees, sub-contractors and suppliers have been paid all...
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Disputes often arise regarding whether an option to renew a lease has been validly exercised, when a landlord wishes to terminate a lease. It is then necessary to have regard to the terms of the…
It is not uncommon for a deadlock to arise in companies established with equal shareholders who are also directors. If not quickly resolved such deadlocks can cripple the management and operation of a company. This...
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As this High Court case illustrates, athough it is common practice to amend a legal template, sometimes it is better to start from scratch. Facts The lessor and owner of certain land wished to sell...
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In May 2016 the High Court held that advocates’ immunity does not apply to a lawyer who gives negligent advice which leads to settlement of litigation by agreement between the parties. (See my earlier case…
In this case the worst fear of any bank customer was realised – being caught up in a bank robbery. The customer developed post-traumatic stress disorder and sued Westpac for allegedly breaching a duty to...
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A dispute arose between the owner of land and a builder regarding the price for constructing a building on the land: the owner argued that the contract was a fixed price contract to do the...
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In this recent High Court case the ANZ bank refused to pay performance bonds (also known as bank guarantees) it had issued at the request of a builder, in favour of a principal under a construction…
