Australia (New South Wales) Cases

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  • 28th June 2005
    Cooper v Veghelyi [2005] NSWSC 602
    Building and Construction Industry (Security of Payment) Act 1999 (NSW) (BCISP Act)Consumer Trader and Tenancy Tribunal Act 2001
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  • 23rd June 2005
    Falgat Constructions v Masterform [2005] NSWSC 525
    Corporations - application to set aside judgment debt under s 459G of the Corporations Act. Judgment debt following on adjudication under the Building & Construction Industry Security of Payment Act. Whether such judgment was on the merits and created a res judicata sufficient to prevent the raising of a genuine dispute. Held genuine dispute could be raised.
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  • 23rd June 2005
    Bell v Pearce (Home Building) [2005] NSWCTTT 433
    LEGISLATION: Home Building Act 1989 - Consumer Trader and Tenancy Tribunal Act 2001 - Building and Construction Industry Security of Payment Act 1999
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  • 17th June 2005
    Taylor Projects Group P/L v Brick Dept. P/L [2005] NSWSC 571
    Building and construction - Practice and procedure - Proceedings by head contractor against subcontractor seeking to impugn an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) - Agreement to the effect that plaintiff would refrain from seeking injunctive relief to prevent determination registration and would pay funds into Court on the basis that in the event defendant succeeded in upholding adjudication determination, subject funds would be released to defendant forthwith upon it filing the adjudication certificate as a judgment in a court pursuant to the Act - District Court proceedings to determine the parties respective legal rights on final basis - Decision of Supreme Court that adjudication determination valid - Plaintiff opposes release to defendant of funds held by Supreme Court contending that defendant's financial position...
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  • 16th June 2005
    Reiby Street v Winterton [2005] NSWSC 545
    BUILDING AND CONSTRUCTION – Adjudication determination was made on progress payment pursuant to the Building and Construction Industry Security of Payments Act 1999 – party requested a review of the Master Building Association’s nomination of adjudicator on the basis of apprehended bias because of a previous “dispute” – whether there was apprehended bias in the circumstances – whether party is estopped from now seeking an order in the nature of certiorari – whether party made an election by continuing with the adjudication process – whether there was a waiver to the right of objection on the basis of apprehended bias. - Held that there was apprehended bias and that determination was void.ACTS CITED: - Building and Construction Industry Security of Payment Act 1999
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  • 8th June 2005
    Facade Innovations Pty Ltd v Timwin Constructions Pty Ltd [2005] NSWCA 197
    PRACTICE - Stay of order - Judgment pursuant to s.25 of Building & Construction Industry Security of Payment Act - Separate proceedings for declaration that adjudication determination was void - Enforcement of judgment stayed on amount being paid into Court - Declaration made and order made for payment out of money - Appeal - Whether order for payment out should be stayed pending setting aside of judgment and/or determination of appeal. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 s.25
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  • 2nd June 2005
    Plus 55 Village Management P/L v Parisi Homes P/L [2005] NSWSC 559
    BUILDING AND CONSTRUCTION - Application under s 459G of Corporations Act to set aside a statutory demand - Oral agreement for building of aged-care hostel - Adjudication in favour of the defendant filed as a District Court judgment - Consumer Claims Tribunal declined to hear application due to lack of jurisdiction - Dispute as to basis for payment - Dispute as to whether work is a "dwelling" under Home Building Regulations - Home Building Act ss 10, 91(1)(a), 92, 94 - Building and Construction Industry Security of Payment Act ss 32(2), (3) - Corporations Act s 459G, s 459H(1)(b) - Held that there is a genuine dispute about whether the plaintiff is liable for the amount adjudicated - Statutory demand set aside.
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  • 1st June 2005
    Timwin Construction P/L v Facade Innovations P/ L [2005] NSWSC 548
    BUILDING AND CONSTRUCTION - good faith - meaning of good faith - whether attempt made in good faith by adjudicator to exercise powers under the ActACTS CITED: Brodyn v Davenport and Anor [2004] NSWCA 394 - Minister for Commerce v Contrax Plumbing [2005] NSWSC 142 - Multiplex Constructions Proprietary Limited v Luikens [2003] NSWSC 1140 - Roberts v Hopwood [1925] AC 578 - The Queen v Hunt; ex parte Sean Investments Proprietary Limited [1979] HCA 32; (1979) 180 CLR 322 - Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 51 NSWLR 589
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  • 6th May 2005
    FPM Constructions P/L v The Council of the City of Blue Mountains [2005] NSWCA 147
    SECURITY FOR COSTS - no question of principle LEGISLATION CITED: Corporations Act 2001 s 1335(1) - Supreme Court Rules 1970 Pt 51 r 16
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  • 6th May 2005
    Minister for Commerce v Contrax Plumbing [2005] NSWCA 142
    BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Matters for consideration of adjudicator - Alleged error in construction of contract - Alleged error in application of s.34 of the Act - Whether such errors could invalidate determination. LEGISLATION CITED: Building & Construction Industry Security of Payment ACt 1999
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