Australia (New South Wales) Cases

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  • 4th July 2008
    Thiess P/L v Lane Cove Tunnel Nominee Co P/L [2008] NSWSC 729
    BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 1999 (NSW) - Section 14(4)(b)(i) & (ii) - whether relevant construction contract requires different time for provision of payment schedule from 10 business days otherwise required  LEGISLATION CITED: Building and Construction Industry (Security of Payment) Act 1999 NSW - Trade Practices Act 1974,
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  • 18th June 2008
    Richard Shorten v David Hurst Constructions P/L [2008] NSWCA 134
    CONTRACTS – contract for construction of residential units, one of which intended to be developer’s residence – whether contract excluded under s 7(2)(b) from the operation of Building and Construction Industry Security of Payment Act 1999 (NSW) STATUTORY INTERPRETATION – use of extrinsic material - Interpretation Act 1987 (NSW) ss 33, 34  LEGISLATION CITED: Acts Interpretation Act 1901 (Cth), s 15AB - Building and Construction Industry Security of Payment Act 1999 (NSW), s 7(2)(b) - Home Building Act 1989 (NSW), s 3(1) -  Income Tax Assessment Act 1936-1970 (Cth) - Interpretation Act 1987 (NSW)
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  • 12th June 2008
    Pacific Islands Express P/Lv Empire Building Development P/L[2008] NSWSC 576
    CORPORATIONS winding up in insolvency statutory demand  requirement for an affidavit supporting an application to set aside a demand failure to satisfy "Graywinter principle"  whether court may extend period for compliance with demand  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 23, 24, 25, 32 - Corporations Act 2001 (Cth), ss 459F, 459G
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  • 11th June 2008
    Calsun v Lovton (No 2) [2008] NSWDC 133
    BUILDING & CONSTRUCTION - security of payment - costs of partially successful application  LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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  • 11th June 2008
    Ontrac v BHCF (No 2) [2008] NSWDC 132
    BUILDING & CONSTRUCTION security of payment - judgment set aside - costs - refund of monies paid under judgment LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 - Uniform Civil Procedure Rules 2005
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  • 5th June 2008
    Richard Shorten v David Hurst Constructions P/L; David Hurst Constructions v R.W. Shorten [2008] NSWSC 546
    Building and Construction Industry Security of Payments Act 1999 - Natural justice - Whether denial of natural justice could not possibly have made a difference to the outcome Materiality Nullus commodum capere potest de injuria sua propria principle
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  • 16th May 2008
    Calsun v Lovton [2008] NSWDC 74
    BUILDING & CONSTRUCTION security of payment - payment claim for construction work - whether properly categorised as one for damages for breach of contract - claim for work undertaken during defects liability period - whether permitted by the contract LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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  • 16th May 2008
    Ontrac v BHCF [2008] NSWDC 76
    BUILDING & CONSTRUCTION security of payment - content of valid payment claim - service of payment claim- LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth) Evidence Act 1995
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  • 9th May 2008
    Brian Leigh Smith v Coastivity P/Ld [No.2] [2008] NSWSC 450
    COSTS – follow the event – no question of principle.  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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  • 6th May 2008
    Trysams P/L v Club Constructions (NSW) P/L [2008] NSWSC 399
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – adjudicator’s consideration of a issue not raised by parties – parties denied opportunity to put submissions on issue – whether issue material to determination – whether denial of natural justice – adjudicator’s failure to consider relevant contractual provisions – power of Court to order adjudicator to reconsider adjudication application. LEGISLATION CITED: - Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment Amendment Act 2002 -  Civil Procedure Act 2005 - Supreme Court Act 1970
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