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
May 8, 2026

Court confirms the validity of progress payments

Read more
May 6, 2026

Call on bank guarantee successfully restrained: lessons from Kronstruct v UAG Toorak

Read more
May 4, 2026

Monthly Project Insights – April Edition

Read more