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.