Australia (New South Wales) Cases

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  • 5th November 2014
    Ku-Ring-Gai Council v Ichor Constructions Pty Ltd [2014] NSWSC 1534
    Building and Construction - first adjudicator unable to assess defendant's delay damages claim on evidence before him - whether an issue estoppels arose - whether further adjudication application for same delay damages an abuse of process
  • 22nd October 2014
    Eastland Truss & Timber Pty Limited v Matthew John Byrnes t/as Qualibuilt Constructions [2014] NSWSC 1461
    Building and Construction – whether adjudicator complied with obligations under the Building and Construction Industry Security of Payment Act 1999 in making determination – whether jurisdictional error Legislation Cited: Building and Construction Industry Security of Payment Act 1999
  • 20th October 2014
    Douglas Aerospace v Indistri Engineering Albury [2014] NSWSC 1445
    Adjudication applications - whether there was a valid construction contract between the parties - where name in contract not the same as name on adjudication application - where invoices issued in a different name to the name in the construction contract - whether correct specification of ACN and ABN evidence an intention that the first defendant be "Contractor" to the construction contract – whether sufficient to show construction contract between the Parties
  • 16th October 2014
    Patrick Stevedores Operations No. 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC 1413
    Building and Construction Industry Security of Payment Act 1999 (NSW) - application for declarations that two adjudication determinations concerning same payment claim void - validity of payment claim - whether one-off payment due under contract after termination a "progress payment" capable of supporting a payment claim - whether reference date fixed by contract or s 8(2)(b) - effect of termination before contractual reference date arises – whether party entitled to withdraw adjudication application under s 26 and file new adjudication application - whether jurisdictional error where adjudicator failed to consider all claims and submissions – whether denial of natural justice where adjudicator decided matter on basis not put by either party
  • 27th August 2014
    Johnston v Lianda Constructions Pty Ltd [2014] NSWSC 1178
    whether the Magistrate properly applied the test for summary judgment - whether there was a triable issue - application for leave to appeal from a costs order in the Local Court
  • 8th August 2014
    Seabreeze Manly v Toposu [2014] NSWSC 1097
    Payment claims - whether there was a 'construction contract' in accordance with the Building and Construction Industry Security of Payments Act 1999 (NSW), s4 - definition and construction of 'construction contract' - definition and construction of 'arrangement'
  • 8th August 2014
    Bruno Pisano -v- Georgia Dandris [2014] NSWSC 1070
    Home Building Act 1989 (NSW) ss 18B and 18E - defective work - claim for breach of statutory warranties by owner-builder - whether work performed in a proper and workmanlike manner - whether materials used in construction were suitable for the purpose for which they were used - whether dwelling reasonably fit for occupation as a dwelling - assessment of damages for breach of statutory warranties
  • 31st July 2014
    Kingston Building (Australia) v Dial D [2014] NSWSC 1031
    Application to stay proceedings under a construction contract and winding up proceedings pending outcome of arbitration application - where winding up proceedings involve the same parties and are based upon a Judgment debt between the parties - where undertaking given not to call on loans - whether overlap between winding up proceedings and arbitration - whether in public interest - whether additional order for security for costs ought be granted if winding up proceedings are stayed
  • 14th July 2014
    Dewu Pty Ltd v Fabiano [2014] NSWSC 943
    Adjudication applications - where adjudicator makes an error within jurisdiction - whether error as to the terms, construction or application of the construction contract is an error within jurisdiction – whether adjudicator erred in any event.
  • 4th July 2014
    PPK Willoughby v Eighty Eight Construction [2014] NSWSC 942
    Whether costs should follow the event - where notice of motion not pressed at hearing - where notice of notion unlikely to have been brought if successful party had complied with notice to produce served on them prior to filing of notice of motion - where notice of notion unlikely to have been brought if appropriate response had been given to letter seeking financial information prior to filing notice of motion.