Unidroit Cases

W K Marble & Granite Pty Ltd v CASA China Ltd [2007] FCA 1382 (31 August 2007)

Makes reference to ALI/UNIDROIT Principles of Transnational Civil Procedure adopted by the American law Institute in May 2004 and by UNIDROIT in April 2004, Principle 21. It states that a party has the burden to prove all material facts relating to their case

Aiton v Transfield [1999] NSWSC 996 (1 October 1999)

Used extensively to elaborate on the principle of good faith. The best domestic case illustrating the tentative foothold good faith has in Australian domestic law.

Alcatel Australia Ltd v Scarcella [1998] NSWSC 483 (16 July 1998)

Brief mention in connection with good faith

Hughes Aircraft Systems International v Airservices Australia [1997] 558 FCA (30 June 1997)

Finn J. used the UNIDROIT Principles namely article 1.7 as a means to interpret the applicable domestic law. He found that the principle of good faith was not recognised as such or at best its status was indecisive. The court stated that the principle of good faith is fundamental in international commercial contracts.

Model Law on Arbitration Cases

Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] FCAFC 192 (20 December 2006)

Model Law on Electronic Commerce Cases

Model Law on Cross-Border Insolvency Cases