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
Nov 13, 2025

UK Privy Council Considers Ability to Pursue Alternative Bases in Construction Dispute

Read more
Oct 28, 2025

Monthly Project Insights – October Edition

Read more
Oct 21, 2025

WA Government Releases Draft SOPA Bill to Replace PBAs on State Government Funded Projects

Read more