Too clever by half. An unlicenced owner-builder fails to escape liability for statuary warranties. The former owner ‘s argument that it was not liable due to its own illegal conduct fails in the the NSW Supreme Court.
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Overview of the Security of Payment Act (South Australia) By Sam Blackman Published: 8 November 2023 Updated: Part I: Introduction & Basics Introduction South Australia enacted the Building and Construction Industry Security of Payment Act 2009 (SA) (the Security of Payment Act or the Act) to regulate progress payments in the building industry. This article provides
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Want to directly join an insurer to a proceeding in NSW? By Sam Blackman Published: 21 November 2021 Updated: 25 October 2023 First published as “Want to sue someone else’s insurer? Read this first.” as a article on LinkedIn by Sam Blackman Introduction Imagine that your client has a claim against a penniless defendant who
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Case Review: Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd By Sam Blackman Published: 18 October 2012 Updated: Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381 Basic Facts Kane’s Hire (Kane’s) ordered a small two-seater aircraft from Anderson Aviation but was ultimately unhappy with the product. The claim
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“We shouldn’t do this anymore” or words to that effect By Sam Blackman Published: 11 October 2023 Updated: 18 October 2023 Introduction The recent decisions of Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381 (Kane) and Gan v Xie [2023] NSWCA 163 (Gan) will likely shake up how NSW legal practitioners will prepare witness
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