Court of Appeal affirms Set Off Interpretation

May 12, 2025

The Queensland Supreme Court of Appeal has handed down its decision affirming the Supreme Court decision in Tomkins Commercial & Industrial Builders Pty Ltd v Pacific Diamond 88 Pty Ltd as trustee for the Pacific Diamond 88 Unit Trust [2024] QSC 321 (see our update here).

The Court of Appeal unanimously dismissed the appeal. It found that the Supreme Court’s interpretation of the relevant contract was correct, as supported by pre-contractual evidence.

The full judgment is available here.

Share

Related Insights

See all insights
Dec 23, 2025

Confirming the Limits on Rectification Damages for Building Defects

Read more
Dec 22, 2025

High Court of Australia confirms Sydney Light Rail caused nuisance

Read more
Dec 12, 2025

MolinoCahill recognised again in the Chambers Asia-Pacific 2026 Guide

Read more