Strike out considerations – echoes from an appeal

To summarily to dispose of the proceedings is one which calls for the exercise of “exceptional caution”. [1] The power cannot be exercised “once it appears that there is a real question to be determined whether of fact or law and that the rights of the parties depend upon it.” [2] It is only to […]

03, 23, 2016
Comments Off on Interrogatories in medical negligence

By whiggs

Medical Negligence, Personal Injury, Practice & Procedure

Interrogatories in medical negligence

Principles set out in [6]-[13] Rice v Ghabrial [2016] NSWSC 313 The issue of interrogatories is governed by the rules and generally requires that the interrogatories be “necessary”. In the case of personal injury matters, the rules also require that there be “special reasons” for the administering of the interrogatories. These matters were dealt with by […]

03, 06, 2016
Comments Off on How a quantum meruit claim is to be established

By whiggs

Home Building Law

How a quantum meruit claim is to be established

Jason and Michelle Zammit trading as Zammit’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 at [47],[48] At [47] – Judgement of Bryne J. in Brenner v First Artists’ Management Pty Ltd [1993] 2 VR 221 as summarised in Dorter & Sharkey Building and Construction Contracts in Australia, Second Edition as setting […]

03, 06, 2016
Comments Off on Recovery on a quantum meruit

By whiggs

Home Building Law

Recovery on a quantum meruit

Jason and Michelle Zammit trading as Zammit’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 Section 92 (2) of the Home Building Act states as follows: ‘A person must not demand or receive a payment under a contract for residential building work (whether as a deposit or other payment and whether […]