![The High Court On Performance Bonds: Simic V New South Wales Land And Housing Corporation [2016] HCA 47, 7 December 2016](http://www.silkmediator.com.au/wp-content/uploads/2016/02/high-court-Australia.jpg)
Introduction Performance bonds, sometimes called bank guarantees, are typically issued by a financial institution at the request of a party to a contract. Performance bonds are often issued pursuant to an obligation contained in a construction contract. They take the…
On 1 March 2017, the NSWCA (Bathurst CJ, Beazley P and Gleeson JA) delivered judgment in Walker Group Constructions Pty Ltd v Tzaneros Pty Ltd [2017] NSWCA 27. The judgment considers questions of construction of contracts, assignment of building warranties,…
On 27 July 2016, the High Court of Australia delivered its long-awaited judgment in Paciocco & Anor v Australia and New Zealand Banking Group Limited [2016] HCA 28. The first appellant (Mr Paciocco) held two consumer credit card accounts (the…
NATIONAL AUSTRALIA BANK LTD V ROSE [2016] VSCA 169 (21 July 2016) Introduction On 21 July 2016, the Victorian Court of Appeal delivered judgment in National Australia Bank Ltd (Bank) v Rose. Although the Bank submitted in opening at trial…
Anthony Lo Surdo SC has been named by Doyles Guide to the Australian Legal Profession 2016 as one of the State's leading insolvency and reconstruction silks. www.12thfloor.com.au www.silkmediator.com.au
In the recent decision of Robert William Fischer & Ors v Nemeske Pty Ltd & Ors [2016] HCA 11 (6 April 2016), the High Court of Australia considered the extent to which a change in ownership of trust assets is necessary when…
In recognition of his experience in international arbitration, on 1 June 2016, Anthony Lo Surdo SC was appointed as a Fellow of The Australian Centre for International Commercial Arbitration (ACICA) and to its panel of arbitrators. ACICA is Australia's leading…
Introduction In Attwells & Anor v Jackson Lalic Lawyers Pty Ltd [2016], HCA 16 (4 May 2016), the High Court of Australia allowed an appeal from the New South Wales Court of Appeal, reaffirming the scope of advocate’s immunity in…
On 20 April 2016, Brereton J of the Supreme Court of New South Wales delivered judgment in four sets of proceedings brought by plaintiffs who were shareholders in HIH and who acquired HIH shares in the period between 26 October…
In Crowe-Maxwell v Frost [2016] NSWCA 46 (16 March 2016), the New South Wales Court of Appeal provides a useful summary of the elements and proof of a claim by a liquidator for the recovery of payments alleged to constitute…