Australia (New South Wales) Cases

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  • 2nd April 2005
    Precision Flooring P/L v Tricon Projects P/L (Home Building) [2005] NSWCTTT 250
      LEGISLATION: Consumer, Trader and Tenancy Tribunal Act 2001; - Building and Construction Industry Security of Payment Act 1999; Home Building Act 1989. ISSUES: Building claim; whether jurisdiction excluded.
  • 1st April 2005
    Aldoga Aluminium Pty Ltd v De Silva Starr Pty Ltd [2005] NSWSC 284
    CORPORATIONS - STATUTORY DEMAND - Application to set aside - whether genuine dispute as to existence of contract - whether Plaintiff precluded from raising existence of contract by operation of s.15(4) Building and Construction Industry Security of Payment Act 1999 (NSW) - whether facts demonstrated genuine dispute.ACTS CITED: - - Building and Construction Industry Security of Payment Act 1999 (NSW) - s.14, s.15, s.25 -  Corporations Act 2001 (Cth) - Pt 5.4, s.459A, s.459C, s.459G
  • 31st March 2005
    Glen Eight v Home Building [2005] NSWSC 309
    PRACTICE AND PROCEDURE - injunction - application to restrain breach of alleged trust fund - trusts - express trusts - where moneys deposited by principal into contractor's bank account - where principal is a signatory to the bank account - where contractor in administration - where funds held by administrator - whether prima facie case that funds held on trust - whether principal entitled, on resulting trust, to funds in bank account if primary trust failed - whether intention to create express trust - whether principal entitled to relief on the entire amount held by administrator - whether allowance ought to be made for the legal costs of the administrator - no question of principle ACTS CITED: Building and Construction Industry Security of Payment Act 1999
  • 23rd March 2005
    Cooper v Veghelvi [2005] NSWSC 227
    Payment of judgment sum - s 25(4) BCISP Act - whether on appeal money is to be paid into court ACTS CITED: Building and Construction Industry Security of Payment Act 1999 -s 4, s 25 - Consumer Claims Act 1998 - s 8 - Consumer Trader and Tenancy Tribunal Act 2001 - s 53
  • 3rd March 2005
    Falgat Constructions P/L v Equity Australia Corporation P/L [2005] NSWCA 49
    BUILDING AND ENGINEERING CONTRACTS - effect of statutory remedies under Building and Construction Industry Security of Payment Act 1999 - BUILDING AND CONSTRUCTION INDUSTRY - Statutory remedies of builder - whether concurrent pursuit of statutory and common law remedies permissible - INJUNCTIONS - anti-suit - whether concurrent pursuit of statutory and common law remedies permissible under statute - whether vexatious or oppressive D - LEGISLATION CITED: - Building and Construction Industry Security of Payment Act 1999
  • 22nd February 2005
    Coordinated Construction Co v J M Hargreaves [2005] NSWSC 77
    BUILDING AND CONSTRUCTION - progress payment - adjudicator's determination - basic and essential requirements of a valid determination - whether determination void because adjudicated amount included amounts assumed (but not decided) not to be "for" construction work - whether determination in breach of the Building and Construction Industry Security of Payment Act 1999 is unlawful - whether payment claim served on or from reference dateACTS CITED: -Building and Construction Industry Security of Payment Act 1999
  • 11th February 2005
    Okaroo P/L v Vos Construction and Joinery P/L [2005] NSWSC 45
    Building and construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudication determination void ; whether adjudicator made jurisdictional error in determining existence of a construction contract as defined in s 4 of the Act - whether there was an arrangement which was a construction contract - distinction between "contract" and "arrangement" for purposes of the Act - statutory scheme for entitlement to, liability for, and recovery of, a progress payment regardless of provision of relevant construction contract  ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) ss 3; 4; 7; 8(1), 8(2)(b); 9(b); 10(1)(b), 10(2)(b); 11(1)(b); 13(1)
  • 20th December 2004
    McLaughlins Family Restaurant v Cordukes Ltd [2004] NSWCA 447
    Stay of execution of judgment pending an appeal - payment claim under Building and Construction Industry Security of Payment Act 1999 - no payment schedule - judgment obtained in District Court - appeal on ground payment claim served out of time because remedial work was not construction work to which the payment claim related - difficult argument on appeal - no evidence payment of judgment sum would cause, hardship or be irrecoverable – other proceedings to be brought by judgment debtor for breach of contract - policy of Act favoured reluctance to grant stay in these circumstances - stay refused. CASES CITED :                            Herscho v Expile Pty Ltd [2004] NSWCA 468
  • 13th December 2004
    Herscho v Expile P/L [2004] NSWCA 468
    PROCEDURE - Appeal - Stay of judgment - Judgment under Building & Construction Industry Security of Payment Act - Need for more than real risk of prejudice
  • 10th December 2004
    Greenaways Australia P/L v CBC Management P/L [2004] NSWSC 1186
    CORPORATIONS - winding up - application for order setting aside statutory demand - whether genuine offsetting claim - interaction between statutory demand procedure and legislative progress payments procedures - whether order setting aside statutory demand should be subject to condition ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 (Cth), ss.440D, 459G, 459H(5), 500(2)