Australia (New South Wales) Cases

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21st April 2004
De Martin & Gasparini P/L v Energy Australia P/L [2004] NSWSC 336

[INJUNCTIONS] - Application to discharge injunction - changed circumstances alleged - Service of final certificate under construction contract - Whether serious issue to be tried in relation to validity of final certificate - Balance of convenience - Applicant placed into liquidation after injunction granted. ACTS CITED: Building & Construction Industry Security of Payment Act 1999 - Corporations Act 2001

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20th April 2004
John Holland Pty Ltd v Cardno MBK (NSW) Pty Ltd [2004] NSWSC 258

Challenge to determination of adjudicator under the Building and Construction Industry Security of Payment Act 1999 - Statutory scheme dictates that the adjudication response be relevantly tied to the payment schedule [such that the adjudication response cannot include any reasons for withholding payment unless those reasons have already been included in the payment schedule - Section 20 (2B)] - Whether adjudication application should also be relevantly tied to the payment claim [such that the adjudication application cannot include reasons supporting the payment claim unless those reasons had been included in the payment claim] - Scheme of legislation - Adjudicator's powers - Adjudicator does not have the power to consider materials supplied by a claimant in its adjudication application which go outside [ie fall outside the ambit or scope of] the materials which were provided in...

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2nd April 2004
Brodyn Pty Ltd v Davenport & Anor [2004] NSWSC 254

ADMINISTRATIVE LAW - Prerogative Writs and Orders - Whether an order in the nature of certiorari lies against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 - Whether certiorari should be granted when judgment had been entered for the adjudicated amount - Whether s 25 of the Act rendered an order in the nature of certiorari futile ACTS CITED: Supreme Court Act 1970 - Building and Construction Industry Security of Payment Act 1999

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29th March 2004
Isis Projects P/L v Clarence Street Ltd [2004] NSWSC 222

Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - Amendments effected by the Building and Construction Industry Security of Payment Amendment Act 2002 - Whether following amending legislation the Act requires the respondent upon receiving a payment claim to set out any objection it may have to the claim (whether it be an objection arising out of the contract or otherwise) in a payment schedule, failing which the respondent is liable to pay the claim whether or not the claimant be in fact entitled to the progress payment - Application for summary judgment - Whether General Steel principles apply upon an application for summary judgment pursued by reference to the Building and Construction Industry Security of Payment Act 1999 where the parties final rights are reserved

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12th March 2004
Brambles Australia Ltd v Philip Davenport [2004] NSWSC 120

Building and construction - progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 (NSW) - determination made by adjudicator - Administrative law - whether, and if so to what extent, judicial review of adjudications made pursuant to the Act is available - scope of relief available in the nature of a writ of certiorari - grounds upon which judicial review is available - Natural justice in relation to costs - Proper construction of section 7(2)(c) of the Act - Whether the consideration payable for construction work carried out under the contract or for related goods and services supplied under the contract was to be calculated by reference to the value of the work carried out or the value of the goods and services supplied - ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Evidence Act 1995 (NSW) - Interpretation...

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4th March 2004
Quasar Constructions v Demtech Pty Ltd [2004] NSWSC 116

ADMINISTRATIVE LAW - judicial review of determination of adjudicator under Building and Construction Industry Security of Payment Act - whether jurisdicitonal error of law - unpaid balance of lump sum price awarded as progress payment where contract terminated and part of contracted work incomplete ACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.8, 9, 10, 13, 14, 22

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4th March 2004
Quasar Constructions v A J Stockman Pty Ltd [2004] NSWSC 117

ADMINISTRATIVE LAW - judicial review of determination of adjudicator under Building and Construction Industry Security of Payment Act - whether jurisdictional error of law - requirement that adjudicator have regard to contract price in assessing value of work - whether adjudicator exercised judgment ACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.8, 9, 10, 22

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3rd March 2004
MD Webster Constructions P/L v Rhinosteel P/L [2004] NSWSC 106

Appeal of local court registrar's decision - set aside default judgment ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)

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26th February 2004
Paynter Dixon v Tilston [2004] NSWSC 85

Administrative Law - decision of adjudicator appointed under the Building & Construction Industry Security of Payment Act 1999 (NSW) - order in the nature of certiorari sought - held no jurisdictional error on part of adjudicator. - Trade Practices - misleading or deceptive conduct - whether attachment to payment claim constituted misleading or deceptive conduct - held no misleading or deceptive conduct.

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25th February 2004
Transgrid v Siemens [2004] NSWSC 87

ADMINISTRATIVE LAW - Whether the determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) is open to judicial review - Order in the nature of certiorari sought - discretionary considerations as to the granting of relief - relief refused on discretionary grounds. CONTRACT LAW - Construction contract - progress claims issued pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) - Discussion as to whether an adjudicator can exercise the powers of a certifier under the construction contract.

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