Case Digest: The importance of the written word – delays in moving (Heaven) and Earth

In Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049, the Federal Court of Australia considered several issues that typically arise in large-scale resources projects. In so doing, it reinforced the sanctity of the agreed bargain between the parties and highlighted the inherent difficulties in proving the oft-claimed, but rarely successful, misleading and deceptive conduct claims under the Australian Consumer Law (ACL). Continue reading

Contractor’s liability for design – Interpreting potentially conflicting standards

The Supreme Court has reversed the Court of Appeal’s decision in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd and another [2017] UKSC 59 on the basis that where there is a fitness for purpose obligation it should be given its natural meaning despite the fact that it is contained in a technical schedule and is potentially inconsistent with other provisions. The court took into account the fact that the contractor had complied with its obligations under the main conditions of contract, including its obligations to exercise reasonable skill and care and to comply with relevant international standards.

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