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Australia (New South Wales) Cases
Click on a case to view.
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10th February 2006
Accrete Constructions P/L v Kinsley Constructions P/L [2005] NSWLC 14Procedure - Motion to set aside judgment - Whether judgment entered under Building and Construction Industry Security of Payment Act (BCISP Act) irregularly - Whether BCISP Act requires qualifications of adjudicators to be prescribed by regulation - Whether adjudicators to be prescribed by regulation - Whether adjudicator acted within the scope of authority in dealing with contract and progress payment claim - Whether assessed claim on its merits LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 ss 7, 9- 12, 13, 17, 18, 22, 23, 24, 25.
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31st January 2006
Pacific General Securities Ltd v Soliman & Sons Pty Ltd [2006] NSWSC 13CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – Resolution of disputes – Adjudication – Determinations – Judicial review – minimum requirements for validity – whether 12-month limit for serving a claim is a basic and essential requirement non-compliance with which results in invalidity – held it is not – whether payment claim made within 12 months of performance of the latest of the construction work to which it related – whether specificity in payment claim is basic and essential requirement non-compliance with which results in invalidity – held it is not – whether payment claim sufficiently specified the construction work in respect of which it was made - whether service on receiver of respondent required – held it is not – whether adjudicator failed to have regard to relevant submissions –...
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30th January 2006
Brookhollow P/L v R&R Consultants P/L & Philip Davenport [2006] NSWSC 1BUILDING AND CONSTRUCTION INDUSTRY – When is a payment claim invalid for purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW) – authorities and principles discussed – what are the requirements of s.22(2) – what must an adjudicator show in reasons for determination when adjudication process is undefended. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) – s.11, s.13, s.14, s.15, s.17, s.20, s.22, s.23, s.24, s.25, s.32.
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11th January 2006
De Martin & Gasparini v State Concrete [2006] NSWSC 31BUILDING AND CONSTRUCTION – where adjudicator without notice to the parties reinvestigates matters agreed upon by the parties and determines value inconsistently with that agreement - where adjudicator without notice to the parties determines value of prior work inconsistently with determination of prior adjudicator - whether denial of natural justice. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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25th November 2005
Energetech Australia v Sides Engineering [2005] NSWSC 1143CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – remuneration – payment claim under Building and Construction Industry Security of Payment Act 1999 – application for declarations and injunction to prevent payment claim from being submitted to adjudication on basis that payment claim was not made with respect to a reference date under the contract, or was made with respect to a reference date concerning which another payment claim had already been adjudicated – whether appropriate in principle for court to involve itself in such a question – STATUTES – ACTS OF PARLIAMENT – operation and effect of statutes – Act creating an obligation and providing means for securing compliance with that obligation – whether court intervention in the operation of that means of compliance permissible – TRADE PRACTICES AND RELATED MATTERS...
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25th November 2005
Prynew P/L v Piling Contractors (Qld) P/L [2005] NSWSC 1211BUILDING AND ENGINEERING CONTRACTS: - adjudication determination under Building and Construction Industry Security of Payment Act 1999 (NSW) - security for payment - continuation of legal proceedings INTERPRETATION: - general rules of construction of instruments ACTS CITED:Building and Construction Industry Security of Payment Act 1999 (NSW) s 3, s 23 and s 32 - Interpretation Act 1987 (NSW) s 30
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23rd November 2005
Nepean Engineering P/L v Total Process Services P/L (In Liquidation) [2005] NSWCA 409BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Payment claims - Requirement of identification of work - Consequences of defecient identification - Whether payment claim a nullity - Whether, in absence of a payment schedule, a payment claim pruporting to identify the work can support a cause of action under s.15 of the Act - Whether summary judgment available. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999, ss.13-15, 20-22
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16th November 2005
Clarence Street P/L v Isis Project P/L [2005] NSWCA 391CONSTRUCTION CONTRACTS – payment claims to progress payments – payment schedules – ss 13, 14, 15 Building and Construction Industry Security of Payment Act 1999 – statutory debt – failure to identify the construction work to which the claimed progress payment relates – function of a payment claim – interpretation of s13(2)(a) – due date for progress payments – reference date – express provision – whether payment claim must meet contractual requirements for payment to be due – prohibition in s15(4)(b)(ii). (D) LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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14th November 2005
Shellbridge P/L v Rider Hunt Sydney P/L [2005] NSWSC 1152BUILDING AND CONSTRUCTION - progress payments - Building and Construction Industry Security of Payment Act - duty of adjudicator to consider submissions as incident of measure of natural justice required by the Act - whether duty discharged ACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.8(2)(b), 13, 17, 21(4)(a), 25
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8th November 2005
Holmwood Holdings P/L v Halkat Electrical Contractors P/L [2005] NSWSC 1129BUILDING AND CONSTRUCTION – ADMINISTRATIVE LAW – Building and Construction Industry Security of Payment Act 1999 –grounds for judicial review – grounds on which purported determination may be void – effect of failing to advert, at all, to relevant term of contract - failure to have regard to relevant considerations – distinction between error in considering relevant term and failing to consider it at all - good faith – content of good faith – not limited to dishonesty malice or personal interest – extends to capriciousness – requires genuine and conscientious attempt to exercise power – effect of deciding adjudication on questions of credit where credit irrelevant and failing to attempt to resolve issues by means provided by statute – effect of failing to advert, at all, to a submission made by a party on central issue...