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Quantum Meruit claims following Mann v Paterson Constructions?

Tuesday 26 Nov 2019
5:30 pm for a 6:00 pm start
Location: 
Clayton Utz, Level 28, 71 Eagle Street, Brisbane

Online registration for this event has now closed.  Please email if you wish to attend.

Prior to the High Court's recent decision in Mann v Paterson Constructions Pty Ltd [2019] HCA 32, claims by builders and contractors on a quantum meruit basis could not exceed the agreed contractual price. That practice has now been ruled out in many cases.

This seminar will cover the background decision, precisely what was and was not decided and how the reasoning can affect both inside and outside the construction industry.

The key areas that will be reviewed include:

  • the differences between divisible and entire obligations;
  • understanding what the case decided;
  • the three sets of differing reasoning;
  • variations regulated by statute; and
  • broader impact.

Michael Trim has a broad commercial practice providing advice and assistance with disputes concerning building & construction, commercial, insolvency, banking & finance, insurance & re-insurance, professional negligence and commercial property matters. His practice encompasses appearances in courts, arbitrations, mediations and commissions and work as a mediator or arbitrator.

He is listed in Band 1, one of only seven ranked junior barristers in Australia, for Construction & Infrastructure by Chambers & Partners Asia Pacific 2019. Other listings include Doyle’s Guide in the areas of Commercial Litigation & Disputes (Queensland), Construction & Infrastructure (National and Queensland), and Insolvency & Restructuring (National and Queensland); and in the Australian Financial Review’s Best Lawyers® for Alternative Dispute Resolution, Construction & Infrastructure and Litigation.

Sean Russell Since coming to the Bar from a boutique commercial litigation and insolvency law firm, Sean has continued his broad commercial litigation practice. He has particular experience and interest in matters concerning bankruptcy, corporate insolvency, contracts, equity, professional negligence and the Corporations Act.

His clients include a diverse group of domestic and international insolvency practitioners, creditors, solicitors, miners, property developers, farmers, manufacturers and investors. They appreciate his honest and direct advisory and advocacy style in matters at all levels of the State, Federal and High Court. Sean accepts unled briefs as well as being instructed as part of larger teams when required.

For more information please see this flyer.

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