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Brown v Smith[2023] QCAT 341
While Tribunals have more flexible rules of evidence than
the courts, this decision serves as a
reminder that even obvious facts need to be proved with
evidence.
[View
Casewatch PDF]
John McDonald Building Services Pty Ltd v Gusa [2022]
NSWCATAP 60
This decision confirms and summarizes the grounds of
appeal which constitute 'a question of law', particularly
in respect of appeals made under s80(2)(b) of the Civil
and Administrative Tribunal Act 2013 (NSW).
[View
Casewatch PDF]
Rinehart & Anor v Hancock Prospecting Pty Ltd
& Ors;
Rinehart & Anor v Georgina Hope Rinehart (in her
personal capacity as Trustee of the Hope Margaret
Hancock Trust and as Trustee of the HFMF Trust) &
Ors [2019] HCA 13
This case highlights the High Court’s willingness to
give a wide interpretation to arbitration clauses, the
vital importance of context in the interpretation of
arbitration clauses, and to be more willing to send
parties to arbitration.
[View
Casewatch PDF]
Sanders v Gemmill Homes Pty Ltd
The WA State Administrative Tribunal has found that both
Builders and Owners should note the benefit of the Builder
rectifying his defects as often this is beneficial to both
parties and is favoured by the Courts or Tribunal.
[View Casewatch PDF]
Fluor Australia v Santos Limited
The Supreme Court of QLD has recently upheld that the the
dispute resolution clauses in the contract should be
complied with before Coutrt proceedings can continue.
[View Casewatch PDF]
Limin James Chen & Anor v Kevin McNamara &
Sons Pty Ltd & Anor
Following a dispute between the parties, an Arbitration
Award was made in favour of the Defendant and the
Plaintiff sought leave for judicial review. The judgement
demonstrates the difficulty in appealing the decisions of
arbitrators and the alleged errors need to be evident or
obvious, rather than arguable.
[View
Casewatch PDF]
Haissam Assafiri v The Shell Company of Australia
This case has reinforced the requirements of expert
witnesses in providing their opinions in litigation to
ensure the report adequately sets out a logical chain of
reasoning in the formation of their conclusions.
[View Casewatch PDF]
Tryhaz v Fielder
This case confirms the proposition that the Court will not
ordinarily interfere with the Referee’s Report and will
not ordinarily allow fresh evidence or submissions which
could have been made before the Referee.
[View
Casewatch PDF]
Liverpol v Casbee
A party to an arbitration must exercise due diligence by
referring a dispute to arbitration without delay. However,
for an arbitration to be terminated a party must
demonstrate that there has been an inexcusable delay and a
serious risk of prejudice, that is by demonstrating the
unavailability of witnesses and loss of documents or other
sources of information.
[View
Casewatch PDF]
Brecon Builders v Ripa Steel
A breach of natural justice is likely to be committed
where an arbitrator decides a major part of a claim
without giving the parties fair opportunity to be heard.
[View
Casewatch PDF]
