Australia (New South Wales) Cases

Click on a case to view.

Show all casesprevious 1 2...34 35 36 373839 40 41 42 next

24th February 2004
Arpic P/L v Austin Australia P/L [2004] NSWSC 83

CORPORATIONS - voluntary administration - leave to proceed against defendant company in administration - whether plaintiff's application to amend summons is caught by s.440D - whether leave to proceed should be granted in respect of amendment application and summary judgment application where plaintiff seeks restitution on basis of conduct declared by statute to be "unlawful" ACTS CITED: Building and Construction Industry Security of Payments Act 1999, s.23, Part 3 of Schedule 2 -Corporations Act 2001 (Cth), s.440D

Click here to read more
23rd February 2004
Isis v Clarence [2004] NSWSC 73

Practice & Procedure - Summary judgment application pursuant to Pt 15 r 2 of Supreme Court Rules - motion dismissed - Contract Law - Construction contract - progress claims issued pursuant to Building & Construction Industry Security of Payments Act. Whether payment claims could be made between practical completion and the expiration of the defects liability period. Held no triable issue. Whether progress claims were supported by the evidence and information required by the contract and the Act. Held to be a triable issue - whether progress claims made in conravention of s13(5) of the Act. Held no triable issue.

Click here to read more
19th February 2004
Austruc v ACA; ACA v Sarlos [2004] NSWSC 131

BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - progress claim - adjudication determination - slip rule - judgment entered under incorrect case number - whether slip rule applicable - meaning of "forms part of" in s 7(2)(a) of Act - whether contract formed part of loan agreement ADMINISTRATIVE LAW - order in the nature of certiorari - jurisdictional error of law - procedural fairness - whether adjudicator permitted to consider statutory declaration attached to adjudication application - meaning of "submissions" in ss 17(3) and 20(2) of Act - whether adjudicator required to give notice of intention to rely upon statutory declaration - whether adjudicator required to give respondent opportunity to respond to statutory declaration ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Building & Construction Industry...

Click here to read more
18th February 2004
MPM Constructions v Trepcha Constructions [2004] NSWSC 103

BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - progress payment - adjudication application - adjudication determination made out of time - whether adjudication determination made out of time invalid ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - The Housing Grants, Construction and Regeneration Act 1996

Click here to read more
6th February 2004
Transgrid v Walter Construction Group [2004] NSWSC 21

ADMINISTRATIVE LAW - construction contracts - determination of adjudicator under Building and Construction Industry Security of Payment Act 1999 - whether jurisdiction to review - whether jurisdictional error of law - whether Superintendent's certification binding on adjudicator - whether denial of natural justice ACTS CITED: Building and Construction Industry Security of Payment Act 1999

Click here to read more
4th December 2003
Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140

ADMINISTRATIVE LAW - Whether the determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 is open to judicial review - whether an adjudication may be reviewed for error of law on the face of the record - the extent of an adjudicator's jurisdiction - what must be disclosed by a payment schedule under the Act - whether there were errors of law going to jurisdiction - whether whole Determination must be quashed - discretionary considerations as to granting of relief - consequences where Determination quashed. ACTS CITED: - - Building and Construction Industry Security of Payment Act 1999 (NSW) - s.2, s.3, s.8, s.9, s.10, s.11, s.13, s.14, s.15, s.16 s.17, s.18, s.19, s.20, s.21, s.22, s.23, s.24, s.25, s.26, s.27, s.32, s.34 - - Corporations Act 2001 (Cth) - s.459E - - Migration Act 1958 (Cth) - - Supreme Court Act 1970 (NSW) - s.69

Click here to read more
3rd December 2003
Leighton Contractors Pty Ltd v Campbelltown Catholic Club Ltd [2003] NSWSC 1103

Contract - building and construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - Consideration of interrelationship of sundry provisions and analysis of principal's claimed entitlement to commence separate proceedings and/or to avoid summary judgment by invoking discretionary considerations - Progress claim submitted to Superintendent on same date as document purporting to be payment claim under the Act submitted to principal - Principal fails to serve payment schedule complying with sections 14(1) and (2) - Contractor commences proceedings and seeks summary judgment - Principal commences separate proceedings and seeks declaration that it does not owe any amount to contractor in respect of specific progress claim in excess of the amount specified in progress certificate issued by Superintendent and order that principal pay to the contractor such...

Click here to read more
14th November 2003
Abacus v Davenport [2003] NSWSC 1027

ADMINISTRATIVE LAW - whether, and on what grounds, prerogative relief is available against the determination of an adjudicator under the Building & Construction Industry Security of Payment Act - jurisdictional error - errors of law on the face of the recordACTS CITED: Building & Construction Industry Security of Payment Act 1999 - Contractors Debts Act 1997

Click here to read more
7th November 2003
Pasquale Lucchitti t/a Palluc Enterprises v Tolco P/L [2003] NSWSC 1070

[INJUNCTIONS] - Whether the First Defendant should be restrained from taking any steps in relation to an adjudication determined by the Second Defendant in respect of a dispute between itself and the Plaintiffs - Whether adjudicator exceeded his jurisdiction in determining the dispute under the Building and Construction Industry Security of Payment Act 1999 (NSW)ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Supreme Court Act 1970 (NSW)

Click here to read more
6th November 2003
Brodyn P/L t/a Time Cost & Quality v Philip Davenport [2003] NSWSC 1019

Building and construction - progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 - determination made by adjudicator - Administrative law - whether, and if so to what extent, judicial review of adjudications made pursuant to the Building and Construction Industry Security of Payment Act 1999 is available - scope of relief available in the nature of a writ of certiorari - grounds upon which judicial review is availableACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Home Building Act, 1989 (NSW) - Supreme Court Act 1970 (NSW)

Click here to read more

Show all casesprevious 1 2...34 35 36 373839 40 41 42 next