- Marathon Group Pty Ltd v Latrobe Valley Building Services Pty Ltd  NSWSC 194
- Ly v Dong & Ors  NSWSC 122
Appeal of Local Court decision – failure to give adequate reasons
Marathon construction company engaged Latrobe, a building contractor, to provide building labour services for two projects in Victoria. The agreement was oral and Latrobe alleged it was a term of the oral agreement that two extra hours of travel time could be charged each day for the work done. In the Local Court, Marathon disputed the existence of such a term and sought to recover $31,418.18 in what it alleged were overpayments. The Local Court found in favour of Latrobe, however the basis upon which the Court came to that finding was not apparent from his Honour’s reasons. Competing evidence was given as to the terms of the oral agreement, but the Magistrate did not make any findings as to which version was accepted.