Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 18th April 2007
    Scope Data Systems Pty Ltd v David Goman as Rep of the Partnership BDO Nelson Parkhill [2007] NSWSC 278
    CORPORATIONS – Statutory demand – Service of documents – Application to set aside or vary statutory demand on grounds of offsetting claim by post – Whether application to set aside made within 21 days of service of statutory demand – Service of statutory demand under s 109X (CTH) Corporations Act – Where mail addressed to registered office diverted to post office box - Where evidence rebuts presumption in s 29 of (CTH) Acts Interpretation Act that statutory demand served in the ordinary course of post – Applicability of s160 of the (NSW) Evidence Act – Section 160 of the (NSW) Evidence Act not displaced by s 109X of (CTH) Corporations Act and s 29 of the Acts Interpretation Act (Cth) – No presumption that statutory demand received in post office box on fourth working day after posting where that was not the specified address – Whether...
  • 4th April 2007
    Siemens v Tolco: Tolco v Siemens [2007] NSWSC 257
    Administrative Law. Judicial review. Building & Construction Industry Security of Payment Act 1999 (NSW). Whether determination by an adjudicator was a bona fide exercise of power or a denial of natural justice. Held no consideration of submission and determination set aside.
  • 4th April 2007
    Winslow Properties Limited v Wooding Construction Limited HC AK CIV 2006-404-004969 [2007] NZHC 277
  • 4th April 2007
    Kidnie v Wolfies Plumbing Services P/L [2007] NSWCTTT 205
      Home Building Act 1989  - Consumer, Trader and Tenancy Tribunal Act 2001     
  • 3rd April 2007
    Over Fifty Mutual Friendly Society Ltd v Smithies [2007] NSWSC 291
    Building and Construction Security of Payment Act 1999 Act inappropriate to construction contracts [as defined] forming part of a loan agreement with a recognised financial institution claim for interlocutory relief whether statutory scheme can be outflanked by application for declaratory relief challenge to adjudication determinations under the Act No serious case shown to justify engaging of balance of convenience parameterLEGISLATION CITED: Building and Construction Security of Payment Act 1999 (NSW)
  • 2nd April 2007
    Biseja P/L v NSI Group P/L No2 [2007] NSWSC 294
    BUILDING AND CONSTRUCTION – Dispute Resolution – Adjudications – Enforcement – stay of execution – where judgment creditor moves to discharge stay granted by consent – where proceedings in which issues will be finally determined are part-heard – where those proceedings have been adjourned because of default by judgment creditor – where judgment debtor has bona fide arguable case that no amount properly due – where judgment debt can be fully secured by deposit of title deeds in courtLEGISLATION CITED: (NSW) Building & Construction Industry Security of Payment Act 1999
  • 2nd April 2007
    Biseja P/L v NSI Group P/L No2 [2007] NSWSC 294
    BUILDING AND CONSTRUCTION – Dispute Resolution – Adjudications – Enforcement – stay of execution – where judgment creditor moves to discharge stay granted by consent – where proceedings in which issues will be finally determined are part-heard – where those proceedings have been adjourned because of default by judgment creditor – where judgment debtor has bona fide arguable case that no amount properly due – where judgment debt can be fully secured by deposit of title deeds in court LEGISLATION CITED: (NSW) Building & Construction Industry Security of Payment Act 1999
  • 30th March 2007
    Hart Investments Ltd v T.M.C. Fidler (t/a Terence Fidler Partnership) [2007] EWHC 1058 (TCC)
  • 29th March 2007
    Jem v St Hilliers [2007] NSWSC 245
    Application to set aside statutory demands under s459G of the Corporations Act. Demands relate to adjudication under Building & Construction Industry Security of Payment Act 1999 (NSW). Consideration of offsetting claims based upon Superintendent's certificate issued under contract. Demand set aside.
  • 27th March 2007
    Silvia & Dasein (in liq) v Brodyn P/L [2007] NSWCA 55
    CORPORATIONS - Administration under deed of company arrangement - Proof of debt - Requirement that administrator afford procedural fairness - Extent to which court, on appeal from administrator's decision, limited by particulars of debt given to administrator - COSTS - Proceedings in which administrator or liquidator is a defendant - Ordinary rule or practice - Whether grounds existed for departing therefrom.LEGISLATION CITED: Corporations Act 2001 (Cth) ss.553C, 1321.