Decided Cases
Recent reported cases in which Robert Fenwick Elliott has appeared as counsel include the following:
Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 44
Yuanda Vic Pty Ltd v Facade Designs International Pty Ltd [2020] VSCA 269 (16 October 2020)
Delta Electrics NT Pty Ltd v Nilsen (NT) Pty Ltd [2019] NTSC 88
Hansen Yuncken Pty Ltd & Anor v Yuanda Australia Pty Ltd & Anor [2018] SASC 158
Catcon v A1 (Costs Ruling) [2018] VSCA 167 (29 June 2018)
Civil and Allied Technical Construction Pty Ltd v A1 Quality Concrete Tanks Pty Ltd [2018] VSCA 157 (20 June 2018)
Civil and Allied Technical Constructions Pty Ltd v A1 Quality Concrete Tanks Pty Ltd [2018] VSCA 12 (1 February 2018)
Aalborg Csp AIS v Ottoway Engineering Pty Ltd [2017] SASCFC 158
A1 Quality Concrete Tanks Pty Ltd v Civil and Allied Technical Constructions Pty Ltd (No.2) [2017] VCC 1320 (20 September 2017)
CH2M Hill Australia Pty Limited & Anor v ABB Australia Pty Ltd & Anor (No. 2) [2016] NTSC 43
CH2M Hill Australia Pty Limited & Anor v ABB Australia Pty Ltd & Anor [2016] NTSC 42
Civil & Allied Technical Construction Pty Ltd v A1 Quality Concrete Tanks Pty Ltd [2015] VSCA 75 (30 April 2015)
Tagara v AP&L Services 27 February 2015 [2015] SASC 30 (judicial review of adjudicator’s determination – quashed because contractor not licensed)
KO Commercial p/l v BLD Construct p/l 19 December 2013 (default judgement under section 15 of the Building and Construction Industry Security of Payment Act 2009 (SA) set aside where plaintiff did not hold a relevant builder’s licence under section 6 of the Building Work Contractors Act 1996)
Built Environs Pty Ltd v Tali Engineering Pty Ltd & Ors [2013] SASC 84 (3 June 2013) (judicial review of an adjudicator’s decision)
RAPUANO (TRADING AS RAPS ELECTRICAL) v KARYDIS FRISAN & ANOR [2013] SASCFC 93 (17 September 2013)
Rapuano T/A Raps Electrical v Karydis-Frisan & Anor (No 2) [2012] SADC 177 (costs)
Department of Construction and Infrastructure v Urban and Rural Contracting Pty Ltd & Anor [2012] NTSC 22 (3 April 2012) (enforcement of an adjudicator’s decision)
Ian Wood Homes v Langsforde (2012) SADC 3 FEG (worker’s lien not struck out)
Rapuano (Trading As Raps Electrical) v Karydis-Frisan And Frisan [2011] SADC 122 (quantum meruit for electrical work)
Abigroup Contractors P/L v Hardesty & Hanover International LLC & Ors [2009] SASC 95 (8 April 2009) (enforcement of expert determinations)
Eichler v Speke Hall (2009) WLC 404 (invalidity of workers lien)
Abigroup Contractors P/L v Hardesty & Hanover International Llc [2008] SASC 369 (23 December 2008) (procedure on enforcement of expert determinations)
Ace v ECR (2007) NSW Local Court FEG (Judgment on Western Australian adjudication decision set aside in NSW)
Earlier cases in which Robert Fenwick Elliott has acted as lead lawyer, including those in the International Court of Arbitration, include:
Techint International Construction v China National Petroleum Corporation and others (cost of pumping stations on the Muglad Basin to Red Sea pipeline and Port Sudan Marine Terminal)
Oderbrecht v Maersk (conversion cost of an FPSO)
Great Eastern Hotel v John Laing (performance of construction manager on major hotel construction)
Kvaerner v Marubeni (performance of combined cycle power station in Iran\
HM Secretary of State for Foreign and Commonwealth Affairs v. Percy Thomas Partnership and Kier International Ltd (appointment of arbitrator re construction of an Embassy in the Middle East)
Norwest Holst Construction Ltd v. Co-Operative Wholesale Society (construction of cash handling facility)
Norwich Union v Schal (performance of construction manager on shopping centre)
A Monk v Norwich Union (quantum meruit)
And many others for the UK government, the Law Society of England and Wales, major general and specialist contractors and other clients, in relation to a wide range of projects including the Millennium Dome, the British Library, Katse Dam, Kuala Lumpur airport, One America Square, and many power stations.