"Recent developments in construction law in Australia - The availability of loss of opportunity damages for misleading and deceptive conduct following Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWCA 223 and an update on recent penalty cases from Australia and overseas".
SoCLA webinar to be held on Tuesday 26 October 2021 at 1:00 pm AEDT. Presented by Jodi Steel SC and Nicholas Gallina, Barrister at Law.
In Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWCA 223, the New South Wales Court of Appeal upheld a developer's claim for loss of opportunity damages caused by an engineer’s incorrect certification of a raft slab resulting in a serious structural defect. This decision is significant for numerous reasons including with respect to the principles of establishing causation and foreseeability in the context of claims for misleading and deceptive conduct and also the extent to which third parties are able to recover losses. Jodi Steele SC will provide an in-depth analysis of this case including the implications for those practising in the building and construction industry.
In recent years there have also been a number of key developments in the law of penalties arising from recent case law in common law countries which has the potential to significantly affect the operation of this area of law in Australia. During this webinar, Nicholas Gallina will discuss the implications of various key cases including: Moran v Argonaut Equity Partners Pty Ltd [2021] WASCA 45, Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2020] SGCA 119, Ricardo Leiman v Noble Resources Ltd [2020] SGCA 52, 127 Hobson Street Limited v Honey Bees Preschool Limited [2020] NZSC 53 and Comfort Management.v.OGSP Engineering (2020) SGHC 165.
There will also be time at the end of the webinar for attendees to ask questions.
More information is available on this flyer.