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Australia (New South Wales) Cases
Click on a case to view.
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4th November 2005
Errol Investments Pty Ltd v Taylor Projects Group Pty Ltd [2005] NSWSC 1125BUILDING, ENGINEERING AND RELATED CONTRACTS - adjudication under s22 of the Building and Constructions Industry Security of Payment Act 1999 - challenge to adjudicator's decision on grounds of denial of natural justice - whether inference should be drawn of failure to consider relevant material ACTS CITED: Building and Construction Industry Security of Payment Act 1999 s22(2)
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3rd November 2005
Lanskey v Noxequin [2005] NSWSC 963Building and Construction. Determination under the Building & Construction Industry Security of Payment Act 1999. Failure of Adjudicator to consider submissions of plaintiff. Adjudication determining part of the matter on a basis not presented by the parties for determination. Adjudicator's failure to engage in a bona fide exercise of power and to accord the parties natural justice. Determination declared void.
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14th October 2005
Energy Australia v Downer Construction (Australia) P/L [2005] NSWSC 1042BUILDING AND CONSTRUCTION - progress payments - Building and Construction Industry Security of Payment Act - claim for interlocutory injunction pending hearing of claim for declarations that purported adjudication void and of no effect - serious question to be tried - plaintiff's ability to seek setting aside of any judgment obtained under the Act not prejudiced - balance of convenience favours defendant - interlocutory injunction refused ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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10th October 2005
FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340CONTRACT - interpretation of building and construction contract AS4300-1995 - whether statutory declaration produced by builder in support of progress claim was false - effect of falsity of statutory declaration - whether power of superintendent to certify progress claim extends beyond termination of contract – whether builder had accrued right to progress payment – whether termination was lawful - whether show cause notice adequate - whether there was a substantial breach - COSTS - personal costs order against company director and shareholder under s148B of the District Court Act 1973 (NSW) - factors relevant to discretion to make costs order against a non-party
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16th September 2005
Barclay Mowlem Construction Ltd v Tesrol Walsh Bay P/L [2005] NSWSC 944PROCEDURE - subpoenas - power of court to issue a subpoena in aid of enforcement of a judgment - PROCEDURE - costs - costs of motion which settles ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Supreme Court Rules 1970 - Uniform Civil Procedure Rules 2005
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13th September 2005
Air Dynamics Control & Services Contracting P/L v Durham [2005] NSWSC 861Validity of adjudication - denial of natural justice - statutory non-compliance - setting aside of satisfied judgment - exhaustion of statutory process - utility of granting relief. ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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13th September 2005
Lucas Stuart P/l v Council of the City of Sydney [2005] NSWSC 925PRACTICE AND PROCEDURE - STAY OF EXECUTION - Whether judge at first instance should exercise power to grant stay when Court of Appeal has refused stay upon terms. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - s.15
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6th September 2005
Glen Eight v Home Building [2005] NSWSC 907BUILDING AND CONSTRUCTION - adjudication certificate under Building and Construction Industry Security of Payment Act 1999 issued - application for injunction to restrain builder from applying for certificate relating to the determination - balance of convenience - terms upon which injunction to be issued - whether security to be provided for payment of amount of adjudication determination plus interest - whether security to be provided for amount of adjudicator's fees not paid by proprietor ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Home Building Act 1989
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24th August 2005
Australian Securities Investment Commission v Edwards [2005] NSWSC 831CORPORATIONS - insolvent trading - directors' liability - whether debts incurred - whether company insolvent - whether reasonable grounds for suspecting insolvency existed - whether defendant director aware of such grounds - whether defendant director failed to prevent incurring of debts - whether any defence available - CONTRACTS - general contractual principles - whether contract formed - whether case within any of first, second and fourth Masters v Cameron categories - RESTITUTION - restitution arising from incomplete contract - performance of work in expectation of reward - entitlement to quantum meruit - when quantum meruit debts incurred ACTS CITED: Corporations Act 2001 (Cth), ss.95A, 588G, 588H, 1317E
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23rd August 2005
Lucas Stuart P/L v Council of the City of Sydney [2005] NSWSC 840Construction contract - Building and Construction Industry Security of Payment Act 1999 - Purpose of the Act - Plaintiff builder and defendant local government council - Builder serves payment claim on council - Council fails to serve a payment schedule on builder within specified time - Builder seeks summary judgment - Council claims payment claim served in context of misleading and deceptive conduct - Council claims builder estopped from relying on payment claim - No arguable case - Summary judgment awarded ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Trade Practices Act 1974 (Cth)- Fair Trading Act 1987 (NSW)