Gaymark Investments v Walter Construction Group
| Jurisdiction | Northern Territory |
| Judge | Bailey J |
| Judgment Date | 20 December 1999 |
| Neutral Citation | [1999] NTSC 143 |
| Court | Supreme Court |
| Docket Number | FILE NO: Nos. LA5 of 1999 (9907030) and LA6 of 1999 (9910874) |
| Date | 20 December 1999 |
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5 cases
- Daya CMT Sdn Bhd v Yuk Tung Construction Sdn Bhd
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CIS General Insurance Ltd v IBM United Kingdom Ltd
...time at large. Reliance was placed on the Australian decision in Gaymark Investments Pty Limited v Walter Construction Group Limited [1999] NTSC 143. That argument was rejected by the learned judge at [103]: “I have considerable doubt that Gaymark represents the law of England. Contractual ......
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Steria Ltd v Sigma Wireless Communications Ltd
... ... DISTRICT REGISTRY TECHNOLOGY AND CONSTRUCTION COURT BIRMINGHAM CIVIL JUSTICE CENTRE QUEEN'S ... the conflicting Australian authorities ( Turner , Gaymark and Peninsula ), the decision of the Court of Session in ... ...
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Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd and another appeal
...relied on the Australian case of Gaymark Investments Pty Ltd v Walter Construction Group Ltd (formerly Concrete Constructions Group Ltd) [1999] NTSC 143 (“Gaymark”) to make the point that because ZK had caused delay during the three alleged delay periods in the procurement of the cabin glas......
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5 firm's commentaries
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Liquidated Damages ' Post-Termination And Gaymark
...relied on the Australian case of Gaymark Investments Pty Ltd v Walter Construction Group Ltd (formerly Concrete Constructions Group Ltd) [1999] NTSC 143 ("Gaymark") to say that "because ZK had caused delay during the three alleged delay periods ... ZK is not entitled to LD notwithstanding D......
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FIDIC Contracts: Time Bars Limitation And Good Faith
...with the notice provisions. MESC relied on the Australian judgment in Gaymark Investments Pty Ltd v Walter Construction Group Ltd [1999] NTSC 143. Both the judge, at first instance, and the Court of Appeal rejected this argument. The Court of Appeal noted that the judgment in Gaymark had no......
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DIFC Court Rules On Conditions Precedent And Liquidated Damages For Employer Delay In Construction Claims
...party should not benefit from its own wrongdoing, and to an Australian case, Gaymark Investments Pty Ltd v Walter Construction Group Ltd [1999] NTSC 143, which considered delays by the employer to amount to "acts of prevention" precluding the employer from recovering liquidated damages in r......
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Prevention principle restated: Contractors be aware - Owners, head contractors and local governments be wary
...be a mistake, however, because of a precedent case called Gaymark Investments Pty Ltd v Walter Construction Group Ltd (1999) 16 BCL 449, [1999] NTSC 143. In that case, the owner was denied liquidated damages after having deleted all standard-form provisions for extensions of time and replac......
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1 books & journal articles
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Preface to the first edition
...is the decision of the Supreme Court of the Northern Territory in Gaymark ( Gaymark Investments Pty Ltd v Walter Construction Group Ltd [1999] NTSC 143 at [69] (16 BCL 449; 21 Const LJ 71)), which has excited considerable interest both in England and Australia as to the efectiveness of time......