Australia (New South Wales) Cases

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  • 3rd April 2007
    Over Fifty Mutual Friendly Society Ltd v Smithies [2007] NSWSC 291
    Building and Construction Security of Payment Act 1999 Act inappropriate to construction contracts [as defined] forming part of a loan agreement with a recognised financial institution claim for interlocutory relief whether statutory scheme can be outflanked by application for declaratory relief challenge to adjudication determinations under the Act No serious case shown to justify engaging of balance of convenience parameterLEGISLATION CITED: Building and Construction Security of Payment Act 1999 (NSW)
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  • 2nd April 2007
    Biseja P/L v NSI Group P/L No2 [2007] NSWSC 294
    BUILDING AND CONSTRUCTION – Dispute Resolution – Adjudications – Enforcement – stay of execution – where judgment creditor moves to discharge stay granted by consent – where proceedings in which issues will be finally determined are part-heard – where those proceedings have been adjourned because of default by judgment creditor – where judgment debtor has bona fide arguable case that no amount properly due – where judgment debt can be fully secured by deposit of title deeds in courtLEGISLATION CITED: (NSW) Building & Construction Industry Security of Payment Act 1999
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  • 2nd April 2007
    Biseja P/L v NSI Group P/L No2 [2007] NSWSC 294
    BUILDING AND CONSTRUCTION – Dispute Resolution – Adjudications – Enforcement – stay of execution – where judgment creditor moves to discharge stay granted by consent – where proceedings in which issues will be finally determined are part-heard – where those proceedings have been adjourned because of default by judgment creditor – where judgment debtor has bona fide arguable case that no amount properly due – where judgment debt can be fully secured by deposit of title deeds in court LEGISLATION CITED: (NSW) Building & Construction Industry Security of Payment Act 1999
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  • 29th March 2007
    Jem v St Hilliers [2007] NSWSC 245
    Application to set aside statutory demands under s459G of the Corporations Act. Demands relate to adjudication under Building & Construction Industry Security of Payment Act 1999 (NSW). Consideration of offsetting claims based upon Superintendent's certificate issued under contract. Demand set aside.
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  • 27th March 2007
    Silvia & Dasein (in liq) v Brodyn P/L [2007] NSWCA 55
    CORPORATIONS - Administration under deed of company arrangement - Proof of debt - Requirement that administrator afford procedural fairness - Extent to which court, on appeal from administrator's decision, limited by particulars of debt given to administrator - COSTS - Proceedings in which administrator or liquidator is a defendant - Ordinary rule or practice - Whether grounds existed for departing therefrom.LEGISLATION CITED: Corporations Act 2001 (Cth) ss.553C, 1321.
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  • 26th March 2007
    Clarence Street v ISIS Projects No1 [2007] NSWSC 380
    COSTS - security for costs - whether security given earlier without prejudice to defendant's entitlement to seek further security - whether delay a bar to further securityLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999.
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  • 23rd March 2007
    Rojo Building P/L v Jillcris P/L [2007] NSWCA 68
    PROCEDURE - Interlocutory decisions - Whether such as to give rise to estoppels - No order for determination of separate question - No order showing that separate question had been finally determined.
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  • 19th March 2007
    Downer Construction (Australia) P/L v Energy Australia [2007] NSWCA 49
    CONTRACTS — Building, engineering and related contracts — Remuneration —Building and Construction Industry Security of Payment Act 1999 s 17 — Applications for Adjudication of Payment Claims — Whether identifying the payment claim and payment schedule to which an Appliation for Adjudication relates is sufficient where the claim addressed in the accompanying submissions is different in substance to the payment claim so identified.CONTRACTS — Building, engineering and related contracts — The contract — Construction — Latent ConditionsCONTRACTS — Building, engineering and related contracts — Remuneration —Building and Construction Industry Security of Payment Act 1999 s 17 —Adjudication of Payment Claims — Determination of parameters of adjudication — Whether a reasonable but erroneous decision by the adjudicator...
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  • 1st March 2007
    JBK Engineering P/L v Brick & Block Co P/L [2007] NSWSC 163
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  • 28th February 2007
    Halkat Electrical Contractors Pty Ltd v Holmwood Holdings Pty Ltd [2007] NSWCA 32
    CONTRACTS — Building, engineering and related contracts — Other Matters — Building and Construction Industry Security of Payment Act 1999 s 22 —Adjudication — Determination based on matters wholly unrelated to the matters in s 22 — Essential precondition to the existence of a valid determination not metLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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