When you’re doing a contract law update one of the most difficult things is to decide which cases to review. Sometimes cases select themselves. The High Court case of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 was one such case. The Victorian Court of Appeal had upheld a claim for restitution far in excess of contract price. In it the High Court clarifies the law relating to when restitution and damages can be claimed in respect of the termination of a contract.
The seminar paper provided at this link was presented at a Legalwise Contract Update seminar for Queensland lawyers on 5 March 2020.
It discusses Mann and the following recent decisions of the Queensland Court of Appeal:
- Allen v G Developments Pty Ltd [2019] QCA 287 – construction of acommercial contract – loan deed.
- SHA Premier Constructions Pty Ltd v Niclin Constructions Pty Ltd [2019] QCA 201 – construction of a design and construction contract.
- Bettson Properties Pty Ltd & Anor v Tyler [2019] QCA 176 – contract for thepurchase of land including a restrictive covenant.
Robert Quirk
Barrister
Higgins Chambers
5 March 2020