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 […]

03, 06, 2016
Comments Off on Duty to mitigate loss for defective building work

By whiggs

Home Building Law

Duty to mitigate loss for defective building work

The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 at [42] to [47] Relevant legal principles Generally speaking, a person who suffers loss as a consequence of a breach of contract is required to act reasonably in relation to that loss in order for the loss to be […]

10, 11, 2015
Comments Off on Legal nature of a cheque

By whiggs

Banking and Finance Law, Other

Legal nature of a cheque

Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 (5 February 2014) Para 93 The issue of a cheque by a customer, or the giving of a payment instruction or withdrawal request to its bank, which would have the effect of overdrawing a customer’s account, is construed as a request by the […]

10, 11, 2015
Comments Off on Legal nature of a deposit

By whiggs

Banking and Finance Law, Other

Legal nature of a deposit

Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 (5 February 2014) Para 93 A savings or deposit account is in law a loan to the banker: Pearce v Creswick [1843] EngR 304; (1843) 2 Hare 286; Dixon v Bank of New South Wales [1896] NSWLawRp 103; (1896) 17 LR (NSW) Eq […]