Australia (New South Wales) Cases

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  • 20th April 2006
    Probuild Pty Ltd v Blazevic Holdings Pty Ltd [2006] NSWSC 273
    Progress payment claim for variations - no express provision with respect to reference date - no payment schedule - dispute as to month in which the construction work was first carried out - no error in point of law.
  • 19th April 2006
    Rojo Building Pty Ltd v Jillcris Pty Ltd [2006] NSWSC 309
    Building and Construction Industry Security of Payment Act 1999 Application for summary judgment Failure of respondent to serve payment schedule within time delimited by s14 Applicant given election to proceed to obtain judgment or to proceed to adjudication Having elected to proceed to adjudication, claimant has waived anterior right to obtain judgment Practice and Procedure Application to reopen Principles
  • 18th April 2006
    Fifty Property Investments P/L v Barry J O'Mara & Impero Stone [2006] NSWSC 428
    BUILDING AND CONSTRUCTION – Resolution of dispute – Adjudication – Determinations – Judicial Review – basic and essential requirements – construction contract – whether jurisdictional fact – held, it is and can be reviewed by court – natural justice – failure to give party opportunity to comment on additional submissions obtained from other party – held, denial of that measure and procedural fairness prescribed by Act. LEGISLATION CITED: Building and Construction Industry Security of Payment Act , 1999
  • 12th April 2006
    Wooding v Eastoe & Maitland Fabrications P/L [2006] NSWSC 277
    ADMINISTRATIVE LAW [22]- Jurisdictional error- Statutory adjudicator- Error in wrongly determining contracting parties does not vitiate decision. EQUITY [20]- Equitable assignment- Necessity for plain words eliciting clear intention- Equitable assignment of development property does not alter the parties to the contract concerning that property- Statutory adjudicator cannot consider questions of equity.
  • 29th March 2006
    Isis Projects v Clarence Street [2006] NSWSC 190
    Costs – Dispute resolved without hearing on merits – No capitulation – Whether any party had substantial success - Whether plaintiff acted reasonably in bringing proceedings – Whether any party was almost certain to have succeeded – Whether orders as to costs are appropriate.
  • 29th March 2006
    Procorp Civil Pty Ltd v Napoli Excavations & Contracting Pty Ltd [2006] NSWSC 205
    Building and Construction Industry - Challenge to Adjudication Determination - General principles examined-Significance of considering position of Adjudicator - Task of Adjudicator to determine the claimant’s entitlement within the framework of the dispute propounded by the parties - Significance of provision preventing a respondent from including in the adjudication response, any reasons for withholding payment unless those reasons have already been included in payment schedule - Whether evidence should be permitted on an application to set aside a determination -  Limited evidence permitted on the voire dire on the basis of a reserved ruling as to admissibility - Evidence disallowed - Adjudicator determining that amount of the progress payment to be paid by the respondent was in excess of the amount finally claimed by the claimant as remaining outstanding - Extant power of adjudicator...
  • 14th March 2006
    Shell Refining (Australia) Pty Ltd v A J Mayr Pty Ltd; Mayr v Shell [2006] NSWSC 154
    [JURISDICTION] Application for revocation of orders made for the payment out of $4,942,716.00 of $11,228,898.63 paid into court pursuant to s 25(4)(b) of the Building and Construction Industry Security of Payment Act 1999 as a condition of the grant of a stay - whether the Court has jurisdiction to order stay on condition of payment out of part of the security paid into court - whether legislation intended to fetter the discretion of a judge where dictates of justice require payment out. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Civil Procedure Act 2005 - Uniform Civil Procedure Rules 2005
  • 6th March 2006
    Shell Refining (Australia) Pty Ltd v A J Mayr Engineering Pty Ltd [2006] NSWSC 94
    Administrative Law - Whether a determination should be declared void because the adjudicator failed to comply with basic and essential requirements of the Building and Construction Industry Security of Payment Act 1999 (NSW) in determining that the plaintiff pay $11,137,998.30 to the defendant. Adjudicator Practice - Whether, as a matter of practice, adjudicators should include statements in determinations to the effect that it is not to be assumed that matters not mentioned in the determination have not been taken into account.
  • 27th February 2006
    QBE Workers Compensation (NSW) Ltd v G J Formwork Pty Ltd [2006] NSWSC 98
    CORPORATIONS - winding up - proposed compromise by liquidator - whether relevant claim "debt" - no need to determine precise nature of claim - compromise proposed on advice of lawyers - liquidator in any event without funds - approval granted and direction made LEGISLATION CITED : Corporations Act 2001 (Cth), ss.477(1)(d), 477(2A), 479(3)
  • 15th February 2006
    Energy Australia v Downer Construction (Australia) P/L [2006] NSWSC 52
    BUILDING AND CONSTRUCTION – Contracts – Payment claims – Adjudication – Challenge to validity of adjudication application and adjudication determination – Basic and essential requirements for application and determination – Whether differences between payment claim and adjudication application rendered application invalid – Whether adjudicator determined claim substantially different to payment claim – Whether failure to determine payment claim rendered determination void – Building and Construction Industry Security of Payment Act 1999 ss 13, 14, 17, 20, 22, 25.  ADMINISTRATIVE LAW – Judicial Review – Judisdictional error – Whether determination a bona fide exercise of power – Whether denial of natural justice ACTS CITED: Building & Construction Security of Payment Act 1999 s 13(2); s 14; s 17(1), (3);...