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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
26th November 2004Rothnere v Quasar [2004] NSWSC 1151BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudication determination void - s 22(4) - whether s 22(4) applicable - whether compliance with s 22(4) a fundamental requirement of Act - meaning of "valuation" of construction work in s 22(4) - application of Brodyn v Davenport [2004] NSWCA 394 ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment (Amendment) Act 2002 - Supreme Court Act 1970
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22nd November 2004Ziade v Tricon [2004] NSWSC 1070Corporations Act. Building and construction, hearing of originating process seeking to set aside statutory demand, contested adjudication application, property developer, construction manager, construction management agreement. Offsetting claim, whether this was an appropriate supplementation of the initial affidavit or whether the initial affidavit should have provided estimates of the cost. Whether regard could be had to the rectification of Brook Street in the circumstances that Brook Street has now been sold by the developer. Is the offsetting claim genuine. Proceedings dismissed.
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19th November 2004Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1163BUILDING AND CONSTRUCTION – PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) Pt 20 r 20.24 –Both parties contend that report of referee should be accepted but each party contends for variations – where mistakes of law by referee do not effect ultimate outcome of report – where factual findings made were open to the referee on the evidence – Report adopted without variation except those agreed or not contested LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) - Supreme Court Rules 1970 (NSW)
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12th November 2004Property & Equity Developments v Parnell [2004] NSWSC 1035BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - Building and Construction Industry Security of Payment Act 1999 - when payment claim may be served - time when "the construction work to which the claim relates was last carried out", within meaning of section 13(4)(b) ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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11th November 2004Filipe v Inscope Solutions Pty. Limited [2004] NSWCA 417BUILDING AND CONSTRUCTION - Progress payments - Judgment - Does not determine final rights of parties.
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8th November 2004Bell Partners v Kann Finch [2004] NSWSCAppeal decision of Local Court Magistrate; summary judgment; Building Construction Industry Security of Payment Act 1999 (NSW) ACTS CITED: Building and Construction Industry Security of Payment 1999 (NSW) - s 13 - Local Court (Civil Claims) Act 1970 (NSW) - s 69 - Local Court (Civil Claims) Rules 1988 (NSW) - Pt 10A r 2
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3rd November 2004Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor [2004] NSWCA 394BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Adjudication certificate - Consequent judgment - Grounds for judicial intervention - Whether certiorari available - Grounds on which purported determination void - Natural justice - Error of law - Reference dates - Effect of termination of contract or cessation of work - Home Building Act - Effect of absence of licence - Exercise of discretion - Whether other relief available in respect of judgment, including stay of execution. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 - Home Building Act 1989 ss.3, 4, 10, 11, 94. - Supreme Court Act 1970 s.69