Aquagenics Pty Ltd v Break O'Day Council
| Jurisdiction | Tasmania |
| Judge | Evans J,Tennent J,Wood J |
| Judgment Date | 10 May 2010 |
| Docket Number | FCA 917/2009 |
| Court | Full Supreme Court |
| Date | 10 May 2010 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
4 firm's commentaries
-
Commercial arbitration: a proportionate liability-free zone?
...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?
...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
...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
...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......