Aquagenics Pty Ltd v Break O'Day Council

JurisdictionTasmania
CourtFull Supreme Court
JudgeEvans J,Tennent J,Wood J
Judgment Date10 May 2010
Docket NumberFCA 917/2009
Date10 May 2010
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3 firm's commentaries
  • Commercial arbitration: a proportionate liability-free zone?
    • Australia
    • Mondaq Australia
    • 16 February 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 December 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 The WA Supreme Court has determined the question (at least in part) in the case of Curtin ......
  • Construction Law Review
    • Australia
    • Mondaq Australia
    • 29 February 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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