Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd (No 2) [2016] FCA 883 File number: VID 1009 of 2012
Judge: MOSHINSKY J
Date of judgment: 5 August 2016
Catchwords: CONTRACT – building contract – builder claimed it was not paid for certain additional works TRUSTS AND TRUSTEES – unit trust for property development project – where unit holder not paid its share of the proceeds of the project – form of orders
Legislation: Federal Court of Australia Act 1976 (Cth), s 51A Penalty Interest Rates Act 1983 (Vic) Trade Practices Act 1995 (Cth), ss 52, 51AC
Cases cited: Canson Enterprises Ltd v Boughton & Co (1991) 85 DLR (4th) 129 Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2016] FCA 764 Kazar v Kargarian (2011) 197 FCR 113 Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 2) (2012) 203 FCR 283 Target Holdings Ltd v Redferns [1996] 1 AC 421 Wellington Capital Limited v Australian Securities and Investments Commission (2014) 254 CLR 288 Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484
Date of hearing: 29 July 2016
Registry: Victoria
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