- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Australia (New South Wales) Cases
Click on a case to view.
-
21st April 2010
Chase Oyster Bar v Hamo Industries [2010] NSWSC 332Building and Engineering Contracts – challenge to adjudicator’s determination – whether open for adjudicator to conclude contract was wholly in writing or relevant terms were written – where notice of intention to apply for adjudication of payment claim not given within time limit – whether jurisdictional error by adjudicator in concluding that notice was served within time limit – preliminary questions for determination – date of service on plaintiff of first defendant’s payment claim – date for payment of progress payment – date by which first defendant was required to give notice of intention to seek adjudication – date on which actual notice was given – whether it was open to adjudicator to conclude that first defendant’s notice had been served in accordance with statutory time requirements – Building...
-
16th April 2010
Watpac Constructions v Austin Group [2010] NSWSC 347Building and Construction – where adjudication determination based on payment claim that included impermissibly re-agitated claims – consequences of issue estoppel and abuse process – whether determination void or whether enforcement of rights may be restrained to extent of invalidity – where adjudication determination involved substantial denial of natural justice – consequences of denial of natural justice – whether determination void – whether determination wholly void or void to extent of denial – Building and Construction Industry Security of Payment Act 1999 (NSW).
-
19th March 2010
Watpac Constructions v Austin Corp [2010] NSWSC 168Building and Engineering Contracts – Building and Construction Industry Security of Payment Act 1999 – validity of second adjudication determination –where payment claim for amounts the subject of previous adjudication determination – where determination by previous adjudicator that defendant not entitled to amounts - claimed – whether valid payment claim – whether subsequent claim before second - adjudicator precluded by principles of issue estoppel or principles of abuse of - process – whether plaintiff denied procedural fairness. - Estoppel – issue estoppel – whether earlier determination created issue estoppel – whether abuse of process for defendant to reagitate claim leading to second - adjudication determination.
-
4th March 2010
Olympia Group Pty Ltd v Tyrenian Group Pty Ltd [2010] NSWSC 319Contracts – building, engineering and related contracts – general contractual principles – parties – whether the first plaintiff or Olympia Group (NSW) Pty Limited (“Olympia NSW”) was party to the construction contract within the meaning of s 4 of the Building and Construction Industry Security of Payment Act 1999 (“the Act”) where Olympia NSW was the head contractor, where Olympia NSW had made payments to the defendant and where the first plaintiff was not carrying on business in the building and construction industry – whether the payment claim was effectively served on the plaintiffs – whether the payment claim was an abuse of the processes of the Act
-
23rd December 2009
Filadelfia Projects Pty Limited v EntirITy Business Services Pty Limited [2009] NSWSC 1468Administrative Law - Particular Tribunals or Bodies - Injunctions sought to restrain the defendant from seeking adjudication of a payment claim under the Building and Construction Industry Security of Payment Act 1999 - plaintiff party to contract with third party who subcontracted to defendant - claims made by defendant on third party under the Act - upon termination of subcontract, defendant made claim upon plaintiff - whether an abuse of the processes of the Act
-
17th December 2009
The Owners Strata Plan 56587 v Consolidated Quality Projects [2009] NSWSC 1476Building Contracts - Building and Construction Industry Security of Payment Act 1999 (NSW) - progress claim served on superintendent - whether service of progress claim on superintendent that is also a payment claim under the Act constitutes valid service of payment claim on owners corporation for the purpose of s 31 - no stipulation in contract authorising service of payment claim on superintendent on behalf of owners corporation - whether as a matter of practice parties objectively intended that progress claims that are also payment claims under the Act may be delivered as one document to superintendent. Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW)
-
17th November 2009
Allpro Building Services v C&V Engineering Services [2009] NSWSC 1247Building and Engineering Contracts - Building and Construction Industry Security of Payment Act - validity of payment claim - whether made with respect to a reference date the subject of previous claims - whether this aspect of Brodyn decided incorrectly - whether estoppel created by adjudication of earlier payment claims - whether claims replicated by separate entities - whether an abuse of process.
-
20th October 2009
Advance Earthmovers Pty Ltd v Fubew Pty Ltd [2009] NSWCA 337Administrative Law - Administrative tribunals- Consumer, Trader and Tenancy Tribunal ("CTTT")- jurisdiction of courts and CTTT- s 22(3) of the Consumer, Trader and Tenancy Tribunal Act 2001 ("CTTT Act")- limited jurisdiction of courts where same "issue" to be heard in CTTT- whether respondent's claim of overcharging in CTTT is the same "issue" as claim in the District Court under the Building and Construction Industry Security of Payment Act 1999 ("SOPA"). CONTRACTS- building, engineering and related contracts- remuneration- jurisdiction of courts and CTTT- whether respondent's claim in CTTT is the same "issue" as claim in the District Court- s 22(3) of the CTTT Act. CONTRACTS- building, engineering and related contracts- remuneration- interpretation and application of s 7(2)(b) of the SOPA- whether right of a contractor to proceed under s 15(2)(a)(i) to obtain summary judgment...
-
15th October 2009
Urban Traders v Paul Michael [2009] NSWSC 1072Building and Engineering Contracts – Building and Construction Industry Security of Payment Act – whether valid payment claim – whether payment claim sought to reagitate issues decided in earlier adjudication determination – whether issue estoppel arises from adjudication determination – whether payment claim sought to reagitate issues raised in previous payment claim – whether statutory right to payment enlivened – whether issue estoppel arises from statutory right – whether abuse of process – whether adjudicator can determine claims for lost profit or cost of re-pricing or interest – whether issues appropriate to be determined by an adjudicator.
-
28th September 2009
Parkview v Fortia [2009] NSWSC 1065Building and Engineering Contracts - Building and Construction Industry Security of Payment Act 1999 - whether 'construction contract' existed - whether payment claim valid. - PRACTICE - summary judgment - whether defence 'hopeless'.