*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Building and Construction Law Journal (Volume 29 Part 1) contains the following material:
- Truth, honesty and respect
Adapted from a speech presented to the 2012 International Construction Law Conference, this article discusses the concepts of good faith, unconscionability and reasonableness and how they apply to the various stages of the construction process.
Party and party costs or solicitor and client costs – Adrian Bellemore
It is well known that in many cases the costs and expenses incurred by a party to the action may exceed the amount that is the subject of the action. There, in a number of cases, the successful party, who is entitled to receive only party and party costs, is left out of pocket. The desire of the party, who is the beneficiary of a costs order, is that the costs ordered to be paid by the other party be on a solicitor and client basis or, preferably, on an indemnity basis. Even where the order is for the payment of costs on a solicitor and client basis, there is no certainty that when taxed, it will cover all of the money that the benefiting party may have paid.
- Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (No 3)