Australia (New South Wales) Cases

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  • 3rd March 2009
    Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47
    Building and Engineering Contracts - Building and Construction Industry Security of Payment Act 1999 - whether Construction Risks Insurance Policy contained a "construction contract"  INSURANCE - Construction Risks Insurance Policy - whether imposed an obligation on insured to perform construction work - whether obligation to take "reasonable precautions" simply a condition precedent to insurer's liability or whether it also gave rise to an enforceable promise to take those precautions.  
  • 27th February 2009
    Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32
    Procedure – Costs – Discontinuance – Default provision for costs in UCPR 42.19 – Need for reason for departing from the default provision – Primary judge makes costs order in favour of discontinuing plaintiff – Whether decision vitiated by error – Re-exercise of discretion – Whether appropriate to determine outstanding questions of costs prior to considering costs order to be made on discontinuance – Whether circumstance that discontinuance was not tantamount to capitulation justified departing from the default provision – Reasonableness of commencement of proceedings challenged by defendant, and not resolved because of plaintiff’s decision to discontinue – Relevance of late application by defendant to amend defence.
  • 20th February 2009
    Kittu Randhawa v Monica Benavides Serrato [2009] NSWSC 170
    Building and Construction – adjudication under Building & Construction Industry Security of Payment Act 1999 (NSW) - validity of adjudication – claim that adjudicator’s determination invalid because receipt of notice of adjudicator’s acceptance alleged not to have been received – establish that notice was posted and accepted that notice did not come to the attention of the plaintiff – distinction between non-delivery and not coming to the attention of the recipient – defendant has benefit of presumption of delivery which plaintiff did not rebut by showing non-receipt by recipient, as opposed to non-delivery – adjudication valid  
  • 18th February 2009
    Integral Energy Australia v Kinsley & Associates Pty Ltd [2209] NSWSC 64
    Building & Construction - Building & Construction Industry Security of Payment Act 1999 (NSW) challenge to validity of adjudication determination on the basis that adjudicator failed to include the reasons for his determination under s 22(3)(b) of the Act - held that reasons given were sufficient
  • 11th February 2009
    James v Ash Electrical Services Pty Ltd [2009] NSWSC 30
    Corporations - winding up - alleged insolvency - application for dismissal of winding up application on grounds of want of prosecution or abuse of process - whether plaintiff dilatory so as to justify termination of proceedings - whether shown that plaintiff's purpose is otherwise than to prosecute application to conclusion
  • 4th February 2009
    Diddy Boy v Design [2009] NSWC 14
    Corporations Law. Application to set aside statutory demand under s 459G of Corporations Act. Genuine dispute and off-setting claim alleged. No sufficient evidence to establish an off-setting claim. Genuine dispute as to denial of natural justice in adjudication under Building & Construction Industry Security of Payment Act 1999 fails as plaintiff had lost proceedings to set aside the adjudication.
  • 24th December 2008
    Zebicon Pty Ltd v Remo Construction Pty Ltd [2208] NSWSC 1408
    Building and Construction - payment claim - served by fax - evidence that recipient machine faulty - whether payment claim "received"  
  • 12th December 2008
    Rubana Holdings Pty Limited v 3D Commercial Interiors Pty Ltd [2008] NSWSC 1405
    Building and Construction - Adjudication application - whether determination void - whether adjudicator lacked jurisdiction to deal with application - abuse of process - whether a claimant under the Act can seek to enforce its claim concurrently by proceedings in court and by adjudication - Building and Construction Industry Security of Payment Act 1999.
  • 20th November 2008
    Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd [2008] NSWSC 1329
    COSTS - security for costs - discretion - whether, if ordered, plaintiff able to pay security for costs - whether plaintiff's impecuniosity was caused by the defendant's conduct, the subject of proceedings - whether an order for security for costs would stultify proceedings - whether security for costs should be ordered against a party who is, in substance a defendant. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 - UCPR
  • 6th November 2008
    Remo Constructions P/L v Dualcorp P/L [2008] NSWSC 1172
    CORPORATIONS - winding up - statutory demand - two demands by same alleged creditor - applications for orders setting aside demands - originating process contains claim for order in respect of one demand and claim for order in respect of other demand - single alleged offsetting claim advanced as ground for both orders - whether procedure regular LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999, s 25 - Corporations Act 2001 (Cth), ss 459E, 459G - Uniform Civil Procedure Rules 2005, rule 6.18(1)(a)