Contents:
- GAYMARK INVTMENTS V WALTER CONSTCTN GROUP
- CAS - GAYMARK INVTMENTS PTY LTD V WALTER CONSTCTN GROUP LTD
- “I DELAY, YOU PAY”; ANOTHER LOOK AT GAYMARK
- GAYMARK INVTMENTS PTY LTD V WALTER CONSTCTN GROUP LTD
GAYMARK INVTMENTS V WALTER CONSTCTN GROUP
GAYMARK INVESTMENTS PTY LTD V WALTER CONSTRUCTION GROUP LTD. Gaymark Invtments Pty Ltd (‘Gaymark’) entered to a modified NPWC 3 ntract wh Walter Constctn Group Ltd(‘Walter’) to nstct the Darw Central Hotel plex.
CAS - GAYMARK INVTMENTS PTY LTD V WALTER CONSTCTN GROUP LTD
Gaymark unter-claimed for $1, 554, 059, prcipally arisg through the applitn of liquidated damag acrdance wh the ntract.
The dispute was arbrated, the arbrator ncludg that Gaymark was not entled to liquidated damag. Walter had been layed for 77 days “by for which Gaymark was rponsible eher directly or through the Supertennt”.
“I DELAY, YOU PAY”; ANOTHER LOOK AT GAYMARK
This lay nstuted “acts of preventn” by Gaymark wh the rult that there was no date for practil pletn and Walter was obliged to plete wh a reasonable time. However, afford the Supertennt no general discretn to extend time absence of such strict pliance notwhstandg that Walter had been actually layed by act, omissn or breach of ntract for which Gaymark was rponsible.
GAYMARK INVTMENTS PTY LTD V WALTER CONSTCTN GROUP LTD
Gaymark appealed unr the Commercial Arbratn Act, that there was a manift error of law on the face of the award.
Gaymark Invtments Pty Ltd v Walter Constctn Group Ltd. That is the route adopted by both the arbrator and the urt Gaymark Invtments v Walter Constctn Group (1999) NTSC 143.