Daniel Matthew Simic and Others(Appellants) v New South Wales Land and Housing Corporation and Others
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Kiefel J,Gageler,Nettle,Gordon JJ |
| Judgment Date | 07 December 2016 |
| Neutral Citation | [2016] HCA 47 |
| Docket Number | S136/2016 |
| Court | High Court |
| Date | 07 December 2016 |
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75 cases
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FSHC Group Holdings Ltd v Glas Trust Corporation Ltd
...319, paras 173–192; SAMM Property Holdings Pty Ltd v Shaye Properties Pty Ltd [2017] NSWCA 132, paras 113–115. 169 In Simic v New South Wales Land and Housing Corp [2016] HCA 47 the High Court of Australia, in holding that certain performance bonds should be rectified in order to correct a......
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Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch trading as Liberty Specialty Markets
...(2007) 69 NSWLR 603 Seymour Whyte Constructions [2019] NSWCA 11; (2019) 99 NSWLR 317 Simic v New South Wales Land and Housing Corporation [2016] HCA 47; (2016) 260 CLR 85 Stratton Finance Pty Ltd v Webb [2014] FCAFC 110; (2014) 314 ALR 166 Tesco Supermarkets Ltd v Nattrass [1972] AC 153 Thi......
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7 firm's commentaries
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Inside track: Property & Real Estate: In the media, reports, cases and legislation
...FCAFC 34 applied - No convincing proof provided to prove alleged common intention - Simic v New South Wales Land and Housing Corporation [2016] HCA 47; (2016) 260 CLR 85; Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 applied. LEASES - Construction - Where the......
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5MF: 5 Minute Fix of major projects and construction news: 03
...the subsequent High Court decisions of Victoria v Tatts Group [2016] HCA 5 and Simic v New South Wales Land and Housing Corporation [2016] HCA 47 promote the proposition that an agreement is to be determined objectively by reference to its text, context and purpose; and whether a term in is......
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High Court rules: a demand under a guarantee must comply with the terms of the guarantee
...2016 the High Court handed down its decision in Daniel Matthew Simic & Ors v New South Wales Land & Housing Corporation & Ors [2016] HCA 47, ruling on the enforceability of two undertakings with an incorrectly named beneficiary. The High Court unanimously overturned the decision......
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Strict Compliance with Performance Bonds
...banks are entitled to take to demands on such instruments. The Performance Bond In Simic v New South Wales Land and Housing Corporation [2016] HCA 47 (7 December 2016), two unconditional performance bonds were procured from a bank by a construction contractor in favour of the employer, bein......
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2 books & journal articles
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Security for performance
...to a project. a bond or bank guarantee may be general at 826, per Callaway Ja; Simic v New South Wales Land and Housing Corporation [2016] hCa 47 at [2], per French CJ. In Wood Hall Ltd v he Pipeline Authority (1979) 141 CLr 443 at 445, Barwick CJ observed that the description of the instru......
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Contract formation
...even very large and substantial projects. As HHJ Bowsher QC held in one case: QC); Simic v New South Wales Land and Housing Corporation [2016] HCA 47 at [16], per French CJ; at [36], per Kiefel J. 4 Alfred McAlpine Construction Ltd v Panatown Ltd [2001] 1 AC 518 at 549, per Lord Gof. 5 see ......