Australia (Australia's Capital Territory) Cases

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  • 11th July 2014
    Denham Constructions Project Company v Smithies and Stowe Australia Pty Ltd [2014] ATCSC 169
    progress payments – filing arbitration certificate as judgment debt – security of costs – judicial review – whether proceedings should be stayed or dismissed for abuse of process or lack of utility
  • 19th June 2014
    Steel Contracts Pty Limited v Simons [2014] ACTSC 146
    Appeal General Principles - Review by prerogative relief – Court can grant prerogative relief despite Building and Construction (Security of Payment) Act 2009 (ACT) – Special circumstances must exist for extension of time to be granted – Extension of time should not ordinarily be granted where there are no or few prospects of success – Application dismissed
  • 20th December 2013
    Andara Homes Ltd v Matish Ltd Andara Homes Ltd v Magistrates Court of the Australian Capital Territory & Matish [2013] ACTSC 265
    Adjudication under the Building and Construction Industry (Security of Payment) Act 2009 (ACT) – order in the nature of certiorari sought – jurisdictional error – alleged that mandatory procedures set out in the Act were not complied with –Building and Construction Industry (Security of Payment) Act 2009, s 22
  • 14th November 2013
    Ling Chan v Stuart Wood and Kai Design & Construction Pty Ltd [2013] ACTSC 228
    Declaration sought that adjudicator fell into jurisdictional error – whether plaintiff’s intention at time of entering into contract was to reside in property – consideration of plaintiff’s intention – Building and Construction Industry (Security of Payment) Act 2009 s 9(2)(b)
  • 8th August 2013
    Pines Living Pty Ltd v John O'Brien & Walton Construction Pty Ltd [2013] ACTSC 156
    adjudication of progress payment claims under Building and Construction Industry (Security of Payment) Act 2009 (ACT) - whether an extension of time and leave to appeal from an adjudicators decision should be granted � whether jurisdictional or non-jurisdictional error