Commercial litigation
UK hotel dispute – adjudications and enforcement proceedings
Acting for a UK developer against its contractor in two adjudications concerning the entitlement to and proper measure of liquidated damages and the final account. The project was delivered under a JCT contract with bespoke amendments and involved the construction of a hotel. High Court enforcement proceedings are also underway in respect of the adjudicators’ decisions.
Residential defects dispute – Supreme Court NSW
Defended and counter claimed in a Supreme Court action for breach of builder’s statutory warranties and negligence. The claim involved a successful application to reinstate a deregistered building company, consideration and pursuit of multiple parties, briefing and management of technical experts and attendance at site inspections and management of court appearances.
Supreme Court NSW proceedings – NSW state government transport sector
Acted for a state government department in relation to a Supreme Court of New South Wales proceeding concerning allegations from the Contractor of repudiation of contract and breaches of the Australian Consumer Law. The case involved preparation of evidence for 19 witnesses.
JP Morgan Australia Limited v Consolidated Minerals Limited [2010] NSWSC 100
Assisted in the preparation of a high-profile case from discovery to winning judgment in the Supreme Court NSW, for defendant mining company.
More: Commercial litigation
Construction and engineering dispute resolution
EPC contractor – ICC arbitration
Acting for an internationally based contractor on a major biomass power plant construction dispute with its civil works subcontractor, under an ICC arbitration and in relation to a bespoke contract.
UK hotel dispute – adjudications and enforcement proceedings
Acting for a UK developer against its contractor in two adjudications concerning the entitlement to and proper measure of liquidated damages and the final account. The project was delivered under a JCT contract with bespoke amendments and involved the construction of a hotel. High Court enforcement proceedings are also underway in respect of the adjudicators’ decisions.
ICC arbitrations for major transport infrastructure project
Assisted on separate ICC arbitrations concerning a major transport infrastructure dispute in the GCC. One arbitration concerned a main works package under an amended FIDIC yellow book contract. The other concerned claims against the consultant engineer in relation to multiple works packages.
ICC arbitration for major primary works infrastructure
Engaged on an ICC arbitration representing a state based developer in its dispute with its contractor arising from the construction of primary infrastructure works in the GCC. The arbitration involved multiple variation and delay claims and counter claims. Alice co-managed the defences for the delay case.
ICC arbitration – unfair termination – transport sector
Worked on an ICC arbitration for an African based state client on the defence of a claim of unfair termination.
Australian arbitration – mining sector
Assisted on an Australian arbitration concerning a major Australian contractor’s claim against a mining operation for breach of contract and misleading and deceptive conduct.
Sydney Opera House – VAPS project
Assisted to prepare evidence for adjudication of unpaid payment claims on behalf of the contractor engaged on the VAPS project (the largest project on the Sydney Opera House since its construction).
Australian dispute management – State government transport sector
Part of the legal team for a politicised dispute relating to the termination of 4 major government highway road contracts held between NSW state government and an Australian contractor that collapsed into liquidation. Scope included risk management post termination of contract, assisting in management of third party claims and the relationship with the liquidator of the contractor.
JP Morgan Australia Limited v Consolidated Minerals Limited [2010] NSWSC 100
Assisted in the preparation of a high-profile case from discovery to winning judgment in the Supreme Court NSW, for defendant mining company.
More: Construction and engineering dispute resolution
Dispute resolution
EPC contractor – ICC arbitration
Acting for an internationally based contractor on a major biomass power plant construction dispute with its civil works subcontractor, under an ICC arbitration and in relation to a bespoke contract.
UK hotel dispute – adjudications and enforcement proceedings
Acting for a UK developer against its contractor in two adjudications concerning the entitlement to and proper measure of liquidated damages and the final account. The project was delivered under a JCT contract with bespoke amendments and involved the construction of a hotel. High Court enforcement proceedings are also underway in respect of the adjudicators’ decisions.
ICC arbitrations for major transport infrastructure project
Assisted on separate ICC arbitrations concerning a major transport infrastructure dispute in the GCC. One arbitration concerned a main works package under an amended FIDIC yellow book contract. The other concerned claims against the consultant engineer in relation to multiple works packages.
ICC arbitration for major primary works infrastructure
Engaged on an ICC arbitration representing a state based developer in its dispute with its contractor arising from the construction of primary infrastructure works in the GCC. The arbitration involved multiple variation and delay claims and counter claims. Alice co-managed the defences for the delay case.
ICC arbitration – unfair termination – transport sector
Worked on an ICC arbitration for an African based state client on the defence of a claim of unfair termination.
Australian arbitration – mining sector
Assisted on an Australian arbitration concerning a major Australian contractor’s claim against a mining operation for breach of contract and misleading and deceptive conduct.
Sydney Opera House – VAPS project
Assisted to prepare evidence for adjudication of unpaid payment claims on behalf of the contractor engaged on the VAPS project (the largest project on the Sydney Opera House since its construction).
Australian dispute management – state government transport sector
Part of the legal team for a politicised dispute relating to the termination of 4 major government highway road contracts held between NSW state government and an Australian contractor that collapsed into liquidation. Scope included risk management post termination of contract, assisting in management of third party claims and the relationship with the Liquidator of the Contractor.
JP Morgan Australia Limited v Consolidated Minerals Limited [2010] NSWSC 100
Assisted in the preparation of a high-profile case from discovery to winning judgment in the Supreme Court NSW, for defendant mining company.
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Dispute resolution