- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Australia (New South Wales) Cases
Click on a case to view.
-
12th June 2009
Stallion Civil Group v Tresedar Pty Ltd [2009] NSWDC 125Building and Engineering Contracts - Remuneration - Progress payments - Payment claims - Requirements for - Validity - Need for a payment schedule to dispute claim - Statutory debt for failure to reply with a payment schedule - Whether "construction work" - Meaning of "construction contract" - Arrangement for developer/owner to pay sub-contractor for work carried out under sub-contract with builder - Whether arrangement a construction contract - Defences to claim - Defence of misleading or deceptive conduct - Relevance of claim not made "bona fide" - Reliance - Loss or damage
-
15th May 2009
Lucas Stuart v Hemmes Hermitage [2009] NSWSC 477Building and Construction Contracts - plaintiff served payment claim - whether defendant provided payment schedule - whether defence in these proceedings arises under the contract. BUILDING AND CONSTRUCTION CONTRACTS - provision of payment schedule - whether can be provided by an agent - agent can only provide payment schedule where provision would bind principal.
-
5th May 2009
Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd trading as Novatec Construction Systems [2009] NSWSC 416Contracts – building, engineering and related contracts – other matters – Building and Construction Industry Security of Payment Act 1999 – second payment claim for items the subject of a previous claim – second claim is precluded by principles of estoppel and the provisions of the Act – appropriate for the Court to intervene prior to an adjudication determination to prevent such a claim from proceeding - ESTOPPEL – issue estoppel – adjudication under Building and Construction Industry Security of Payment Act 1999
-
1st May 2009
Olbourne v Excell Building Corp Pty Limited [2009] NSWSC 349Contracts – building, engineering and related contracts – other matters – grounds upon which an adjudication determination can be reviewed – the existence of a construction contract under s 4 of the Building and Construction Industry Security of Payment Act 1999 is a basic and essential element of the Act – meaning of ‘arrangement’ in s 4 – facts and circumstances giving rise to an ‘arrangement’
-
27th April 2009
Roseville Bridge Marina Pty Ltd v Bellingham Marine Australia Pty Ltd [2009] NSWSC 320Building and Construction Contracts – Adjudications under Building and Construction Industry Security of Payment Act – application for declaration that defendant builder is not entitled to adjudicated amounts and injunction restraining registration and enforcement of adjudication - whether agreement between plaintiff principal and defendant resulted in binding agreement whereby builder was not entitled to recover payment for certain additional works over and above an agreed sum, the value of which was included in adjudicated amount – if so, whether agreement was avoided by s 34 – whether subsequent agreement for settlement of proceedings 5158/08 on terms that an amount be paid into court pending outcome of proceedings precluded prosecution of a progress payment claim – if so, whether such agreement was avoided by s 34 – whether principal...
-
24th April 2009
Duynstee v Dickens & Dickens [2009] NSWSC 292contract for fire protection of boundary fence whether contract excluded under s 7(2)(b) from the operation of Building and Construction Industry Security of Payment Act 1999
-
15th April 2009
Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69Contracts - Building and Construction Industry Security of Payment Act 1999 - progress claim for amounts the subject of a previous claim - adjudicator's determination that most of previous claim not maintainable - whether further claim precluded by provisions of the Act or principles of estoppel - Estoppel - issue estoppel - adjudication under Building and Construction Industry Security of Payment Act 1999
-
15th April 2009
Appleby v Nellis [2009] NSWSC 299Procedure - judgments and orders - enforcement of judgments and orders - application for judgment to be stayed - application dismissed SUMMARY The Defendant, a judgment debtor, sought a stay to the operation and enforcement of the judgment. The judgment was in respect of an undertaking under a Deed of Settlement and Guarantee and Indemnity which provided that on default the Defendant would consent to a judgment in favour of the Plaintiff. One arm of the Defendants defence was that she had started seperate proceedings against the Plaintiff for damages. She submitted also that she should be entitled to a stay if, as she contended, the Plaintiff was insolvent. The judge was referred to Grosvenor Constructions (NSW) Pty Ltd (in admin) v Musico & Ors [2004] NSWSC 344, but he considered that that case, in the context of the Act with which provided for a provisional, and...
-
24th March 2009
Parkview Constructions Pty Ltd v Tayeh & Ors [2009] NSWSC 186Corporations - voluntary administration - deed of company arrangement - deed provides for creation of creditors' trust and execution of related implementation deed and charge - all such steps taken immediately after deed became binding - creditor applies for order under s 445D terminating deed of company arrangement - but deed already terminated by s 445C(c) upon completion of specified steps - no capacity to terminate again - reliance by plaintiff on s 447A in submissions in reply - claim for order terminating deed ab initio - whether new case can be mounted in submissions in reply - whether, in any event, s 447A order could have effect of terminating deed of company arrangement ab initio - where independently created rights and obligations have arisen from creditors' trust and related implementation deed and charge - comment on use of Part 5.3A to create scheme of administration outside...
-
20th March 2009
Thiess Pty Ltd & Anor v Lane Cove Tunnel Nominee Company Pty Ltd & Anor [2009] NSWCA 53Contracts - construction contract - Building and Construction Industry Security of Payment Act 1999 - payment schedule - whether contract required a time for provision of payment schedule - contractual payment schedule replied to contractual progress payment claim - not to statutory payment claim - stated time was not for provision of statutory payment schedule.