One Pro Baulkham Hills Pty Ltd v Ming Tian Real Property Pty Ltd

[2020] NSWSC 1043

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › building contract
3. › construction
4. › conditions precedent
5. › whether conditions precedent were to formation of contract or parties’ performance of their obligations under the contract
6. › whether defendant contractor obliged to commence work under contract
7. › whether failure by defendant to provide bank guarantees and evidence of home warranty insurance caused plaintiff to suffer damage
1. Contracts
2. › ambit of exclusion clause
3. › whether exclusion clause survived consensual termination of contract
1. Contracts
2. › remedies
3. › damages
4. › whether plaintiff principal proved it had suffered damage by reason of defendant’s conduct
1. Consumer Law
2. › misleading or deceptive conduct
3. › where director of defendant represented guarantee was genuine
4. › where bank guarantee was not genuine
5. › where plaintiff general manager saw at once that bank guarantee was not genuine
6. › whether plaintiff has suffered any loss by director’s conduct