Aquagenics Pty Ltd v Break O'Day Council

JurisdictionTasmania
JudgeEvans J,Tennent J,Wood J
Judgment Date10 May 2010
Docket NumberFCA 917/2009
CourtFull Supreme Court
Date10 May 2010
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4 firm's commentaries
  • Commercial arbitration: a proportionate liability-free zone?
    • Australia
    • Mondaq Australia
    • 16 d6 Fevereiro d6 2013
    ...in Wealthcare Financial Planning v FCIS (2009) 69 ASCR 418 and the Tasmanian Court of Appeal in Aquagenics Pty Ltd v Break O'Day Council [2010] TASFC 3 strongly suggested that the proportionate liability scheme could not apply in arbitrations. The position is perhaps strongest in Victoria w......
  • Do Australian proportionate liability regimes apply to arbitrations?
    • Australia
    • Mondaq Australia
    • 3 d1 Dezembro d1 2012
    ...were the subject of arbitration. The Full Court of the Supreme Court of Tasmania in the case of Aquagenics Pty Ltd v Break O'Day Council [2010] TASFC 3 touched on the question without reaching a final view. The WA Supreme Court has determined the question (at least in part) in the case of C......
  • Proportionate Liability Involving a MOD: The Quadrophenia of Contractual Indemnities
    • Australia
    • Mondaq Australia
    • 5 d5 Abril d5 2013
    ...action requires a failure to take reasonable care. Footnotes 1 Macfarlan, Meagher and Barrett JJA 2 [2012] NSWCA 252 3 [2008] NSWSC 187 4 [2010] TASFC 3 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July The content of this article is intended......
  • Construction Law Review
    • Australia
    • Mondaq Australia
    • 29 d3 Fevereiro d3 2012
    ...law continues to develop and it is timely to revisit a little-heralded case in Tasmania. In Aquagenics Pty Ltd v Break O'Day Council [2010] TASFC 3, the Full Court of the Supreme Court of Tasmania considered whether a principal (Break O'Day) and contractor (Aquagenics) had contracted out of......

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