Commerical Litigation Lawyers

Disputes can arise in any commercial venture and are sometimes unavoidable, no matter how well planned the venture is.

When the potential for conflict arises, it’s imperative to take the right decisive action immediately to minimise the possibility of future costs and disruption. Muscat Tanzer’s Commercial Litigation team are highly skilled in acting for both private and public sector clients in a range of litigious matters. Early involvement can be crucial to minimise the risk of a dispute escalating to litigation. Where possible, our team utilises methods of alternative dispute resolution to resolve issues proactively saving our clients the time, cost and stress of protracted litigation. Our experience, coupled with our ability to look for innovative strategies for resolution, facilitates positive outcomes for our clients.

Our expertise

Project Highlights

Commercial Litigation & Dispute Resolution

Multi-million Dollar Engineering Dispute

We acted for a large engineering consulting company in a multi-million-dollar dispute in the New South Wales Supreme Court defending claims of professional negligence, misleading and deceptive conduct, breach of guarantee as to due care and skill and damages with respect to the design of wave attenuators installed in a marina.

Body Corporate Dispute with Developer

Craig Tanzer and team acted as legal adviser to a developer in relation to a dispute with a body corporate regarding alleged defective design of the building. We provided advice to our client in relation to whether owners were able to sue a developer in circumstances where the developer had simply engaged the builder to perform works and the builder was in liquidation/wound up. We attended settlement conferences and obtained a settlement in favour of our client.

Development Project – Engineering Dispute

Craig Tanzer and team acted for a large engineering company defending a range of claims including professional negligence, misleading and deceptive conduct and breach of guarantees as brought against it in the District Court of NSW in relation to flooding advice provided as part of a development application. Through the utilisation of alternative dispute resolution techniques, we were able to obtain a settlement of the proceedings for a significantly lessor value than what was being claimed, and avoiding the costs, time and inconvenience of running the proceedings to a trial.

Government Authority Music Festival Dispute

Craig Tanzer and team acted for a Government Authority regarding a dispute over the rehabilitation of land damaged during a music festival. The dispute was settled in favour of our client and the other party was required to pay rehabilitation costs.

Contract Dispute – Destination Management

Craig Tanzer and team advised a local government with respect to a dispute with a contractor over the supply of equipment needed for the management of a local government owned tourist attraction and destination. We advised the client that it was clear that the responsibility for the supply fell on the destination manager, and that the destination manager was in breach of their contract for closing parts of the tourist destination to the public. We were able to successfully resolve the dispute and ensure that the destination resumed full operation.

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