Misleading or Deceptive Conduct

Why Third-Party Reliance May be Sufficient for an Entitlement to Damages Misleading or deceptive conduct is a broad-spectrum cause of action that frequently arises in the practice of commercial litigation. Where a third party relies on misleading or deceptive conduct, and another party suffers loss and damage because of that third party’s reliance, the party continue reading

When Builders Go Bust

The building and construction industry is facing increasing costs, and shortages of materials and trade supplies, leaving many building companies struggling to sustain their operations. Homeowners are often left in a disadvantaged position as a result. When builders go bust, it is important that homeowners take appropriate steps to ensure completion of the construction of continue reading

Your Breach or Mine? – A Cautionary Tale for Parties to Building Contracts

These are precarious times for the building and construction industry. This uncertainty is often heightened by standard form building contracts containing little in the way of guidance when it comes to a party being ‘otherwise in substantial breach’ of their obligations. Terms such as ‘substantial breach’ are seldom defined in these building contracts, and it continue reading

Employee vs Independent Contractor: An Important Dichotomy

The distinction between an employee and an independent contractor has long been the subject of judicial consideration, and indeed legal commentary. Recently, the High Court delivered two judgements that marked a new approach to determining whether a person is an employee or an independent contractor. The High Court held that “where parties have comprehensively committed continue reading

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