Gaymark Investments v Walter Construction Group

JurisdictionNorthern Territory
CourtSupreme Court
JudgeBailey J
Judgment Date20 December 1999
Neutral Citation[1999] NTSC 143
Docket NumberFILE NO: Nos. LA5 of 1999 (9907030) and LA6 of 1999 (9910874)
Date20 December 1999
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5 cases
  • Daya CMT Sdn Bhd v Yuk Tung Construction Sdn Bhd
    • Malaysia
    • High Court (Malaysia)
    • 1 Enero 2018
  • CIS General Insurance Ltd v IBM United Kingdom Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 19 Febrero 2021
    ...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 ......
  • Steria Ltd v Sigma Wireless Communications Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • Invalid date
    ...... 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 ......
  • Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd and another appeal
    • Singapore
    • High Court Appellate Division (Singapore)
    • 23 Diciembre 2022
    ...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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3 firm's commentaries
  • Liquidated Damages ' Post-Termination And Gaymark
    • Singapore
    • Mondaq Singapore
    • 3 Enero 2023
    ...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......
  • Prevention principle restated: Contractors be aware - Owners, head contractors and local governments be wary
    • Australia
    • Mondaq Australia
    • 17 Agosto 2017
    ...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......
  • Singapore Appellate Court Confirms Validity Of Delay Liquidated Damages On Termination
    • Singapore
    • Mondaq Singapore
    • 8 Febrero 2023
    ...for delays it had caused. Diamond Glass relied on the Australian case of Gaymark Investments Pty Ltd v Walter Construction Group Ltd [1999] NTSC 143, which stood for the proposition that if an employer is responsible for project delays, a contractor's failure to properly apply for an extens......
1 books & journal articles
  • Preface to the first edition
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 Abril 2020
    ...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......

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