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Australia (New South Wales) Cases
Click on a case to view.
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3rd November 2004
Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor [2004] NSWCA 394BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Adjudication certificate - Consequent judgment - Grounds for judicial intervention - Whether certiorari available - Grounds on which purported determination void - Natural justice - Error of law - Reference dates - Effect of termination of contract or cessation of work - Home Building Act - Effect of absence of licence - Exercise of discretion - Whether other relief available in respect of judgment, including stay of execution. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 - Home Building Act 1989 ss.3, 4, 10, 11, 94. - Supreme Court Act 1970 s.69
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3rd November 2004
Transgrid v Siemens Ltd. [2004] NSWCA 395BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Progress claim - Adjudicator's determination - Grounds for judicial intervention - Calculation of progress payment - Meaning of "amount calculated in accordance with the terms of the contract" where contract provides for certification by superintendent - Discretion. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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3rd November 2004
Estate Property Holdings P/L v Barclay Mowlem Construction Ltd [2004] NSWCA 393BUILDING AND CONSTRUCTION - Progress payments - Building and Construction Industry Security of Payment Act - Progress claim - Meaning of "construction work to which the claim relates" - Whether it is the work required by the contract, the work for which payment is claimed, or each item of work for which payment is claimed LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) ss.8, 13-15, 20
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20th October 2004
Cooper v Home Productions P/L (General) [2004] NSWCTTT 597LEGISLATION: Consumer Claims Act 1998 - Consumer Trader and Tenancy Tribunal Act 2001 - Building and Construction Industry Security of Payment Act 1999 ISSUES: Whether an adjudication under the Building and Construction Industry Security of Payment Act 1999 - ousts the jurisdiction of the Tribunal under the Consumer Claims Act 1998
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7th October 2004
Digital City v QX Australia [2004] NSWSC 933CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - Building and Construction Industry Security of Payment Act 1999 - whether interlocutory injunction against advancing of adjudication process, pending determination of whether adjudicator has jurisdiction, should be on terms of requiring payment into Court of amount claimed ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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24th September 2004
Holdmark Developers v G J Formwork [2004] NSWSC 905BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudication determination should be quashed - jurisdictional error of law - s 14(5) of Act - reference date - final payment claim - whether more than one payment claim made in respect of the one reference date - whether payment claims could only be made during currency of contract - effect of termination or cessation of work - where no contractual provision for the occurrence of reference dates after termination or cessation of work - whether permissible to make a series of payment claims after termination but within relevant limitation period - discretion to withhold relief ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Building and Construction Industry Security of Payment Amendment Act 2002
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16th September 2004
Beckhaus v Brewarrina 1 [2004] NSWSC 840Building and Construction - Contract - Claim for payment under contract to build earthwork levees - Whether payment claim valid - Cross-claim - Whether lump sum contract - Whether amount properly allowable for provisional variations - Whether practical completion achieved - Whether contractual requirements for progess claim met - Whether any breach of contract in respect of construction of levees - Whether Building and Construction Industry Security of Payment Act 1999 (NSW) applies -Misleading or deceptive conduct in the tender process. Held: Practical completion not achieved. Contract was lump sum contract containing appropriate conditions for provisional quantities. Council entitled to damages for rectification of certain parts of the levees. Misleading and deceptive conduct established but no damges...
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13th September 2004
Minister for Commerce v Contrax Plumbing [2004] NSWSC 823BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudication determination should be quashed - whether adjudicator erred in law in his construction of s 34 of the Act - whether adjudicator failed to determine defendant's entitlement in accordance with the terms of the contract - whether adjudicator erred in reaching his determination on a basis not advanced by defendant in its payment claim and therefore not considered by plaintiff in its payment schedule - whether adjudicator committed jurisdictional error by determining the adjudication application on basis of arguments advanced by defendant for first time in that application - whether adjudicator committed jurisdictional error by not considering the plaintiff's response to matters advanced by defendant for the first time in its adjudication application - whether relief should...
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9th September 2004
Emergency Services Superannuation Board v Robert Sundercombe [2004] NSWSC 405[ADMINISTRATIVE LAW]: Whether jurisdictional error by adjudicator justifying the quashing of the adjudicator's determination - [STATUTE]: Whether circumstances in which a determination is quashed is a circumstance that fits within s. 26(1)(b) of the Building & Construction Industry Security of Payment Act 1999 allowing the withdrawal of the adjudication application - Whether events which occurred after quashing of first determination precluded the further adjudication applicationACTS CITED: Building & Construction Industry Security of Payment Act 1999 (NSW)
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13th August 2004
Isis Projects v Clarence Street [2004] NSWSC 714BUILDING AND CONSTRUCTION Building and Construction Industry Security of Payment Act 1999 (NSW) - where defendant paid part of one progress claim and none of another - whether plaintiff entitled to recover amounts unpaid as a debt - where progress claims identified work by single line item references - whether progress claims identified the construction work to which they related - requirement in s 13(2)(a) that a payment claim identify the construction work to which the payment relates - where defendant did not object to form of payment claim on eleven prior occasions - where contractual clause requiring payment claim to be suported by evidence - whether progress claims suported by sufficient evidence - where defendant had not provided payment schedule or paid whole or part of claimed amount by due date application of s 15(4)(b)(ii).