Decision: 28 November 2014
On 28 November 2014, Darke J decided a Notice of Motion application filed by the Defendant in Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation  NSWSC 1678. The decision concerned the effect of section 7C of the Home Building Act 1989 (NSW) where a construction contract contained a clause referring disputes to arbitration. Darke J held that while the part of the clause in the contract that referred parties to arbitration was prohibited, section 7C did not impact on other parts of the dispute resolution clause, making them severable.
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