Daniel Matthew Simic and Others(Appellants) v New South Wales Land and Housing Corporation and Others

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Kiefel J,Gageler,Nettle,Gordon JJ
Judgment Date07 December 2016
Neutral Citation[2016] HCA 47
Date07 December 2016
Docket NumberS136/2016
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43 cases
  • FSHC Group Holdings Ltd v Glas Trust Corporation Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2019
    ...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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7 firm's commentaries
  • Inside track: Property & Real Estate: In the media, reports, cases and legislation
    • Australia
    • Mondaq Australia
    • 25 May 2019
    ...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......
  • 5MF: 5 Minute Fix of major projects and construction news: 03
    • Australia
    • Mondaq Australia
    • 2 February 2018
    ...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......
  • High Court rules: a demand under a guarantee must comply with the terms of the guarantee
    • Australia
    • Mondaq Australia
    • 23 December 2016
    ...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......
  • Strict Compliance with Performance Bonds
    • Australia
    • JD Supra Australia
    • 13 December 2016
    ...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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