Australia (New South Wales) Cases

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  • 15th June 2007
    EFI Construction Pty Ltd v Gee Ha Pty Ltd [2007] NSWLC 17
    CATCHWORDS:                Building & engineering Contracts -- Progress claims & payments – Whether defendant liable for “unpaid portion” of progress claim – Whether moneys set aside as “deposit” or appropriated by plaintiff – Whether credit note extinguishes original debt ab initio LEGISLATION CITED:        Building and Construction Industry Security of Payment Act 1999 ss. 3, 4, 5, 7, 8, 9, 11, 12, 13, 14 & 15.
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  • 8th June 2007
    QBE Insurance (Australia) Ltd v Quasar Constructions (NSW) P/L [2007] NSWDC 162
    Building and Construction - report of Refereee - errors alleged in report, some conceded, others disputed - disputed findings open to Referee on the evidence - not demonstrated that Referee misapprehended the evidence, or made perverse findings – reasons of Referee adequate - Practice & Procedure - Court appointed Referee - procedure on delivery of report to Court – whether Referee's report should be adopted, rejected or varied LEGISLATION CITED:                            UCPR: r 20.14, r 20.23, r 20.24(1)(a)
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  • 30th May 2007
    Kell & Rigby Pty Ltd v Guardian International Properties Pty Ltd [2007] NSWSC 554
    [BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999] - consequence of failure to provide a notice under s 17(2) of the Act before filing adjudication application - whether filing adjudication application without providing notice under s 17(2) of the Act amounts to an election under s 15(2)(a)(ii) of the Act - whether the plaintiff is precluded from bringing proceedings.  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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  • 23rd May 2007
    Clarence Street P/L v ISIS Projects P/L No2 [2007] NSWSC 509
    COSTS - of application for further security for costs and other relief - no question of principle
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  • 14th May 2007
    Veolia Water Solutions v Kruger Engineering [No 3] [2007] NSWSC 459
    CONTRACT - building and construction - where defendant has recovered adjudication determination and judgment against plaintiff - where defendant subject to deed of company arrangement - where plaintiff asserts cross-claim for liquidated damages and defective and incomplete works - plaintiff seeks permanent stay and return of security given by it - whether Building and Construction Industry Security of Payment Act 1999 ceases to apply when contractor or subcontractor becomes insolvent - impact of external administration - where conflict exists between s 25(4) of the Act and ss 553, 553C of the Corporations Act - whether refusal of stay will cause irreparable prejudice  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 - The Australian Constitution
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  • 11th May 2007
    General Homes v Jonathon B & Leanne A Caelli trading as JC Electrical [2007] NSWSC 463
    [ORDERS] - Whether "strike out" order "determined" the proceedings - whether order made after specified date in Deed of Company Arrangement precludes creditor from obtaining leave to enforce order against company in administration.LEGISLATION CITED:  Building and Construction Industry (Security of Payments) Act 1999 (NSW) - Corporations Act 2001 (Cth)
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  • 27th April 2007
    Fernandes Constructions v Tahmoor Coal (t/as Centennial Coal) [2007] NSWSC 381
    CONSTRUCTION CONTRACT - Building and Construction Industry Security of Payment Act 1999 - payment claim - where tax invoice states that it "is prepared under" the Act - whether tax invoice complies with s 13(2)(c) LEGISLATION CITED:  A New Tax System (Good and Services) Act 1999 - Building and Construction Industry Security of Payment Act 1999
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  • 18th April 2007
    Scope Data Systems Pty Ltd v David Goman as Rep of the Partnership BDO Nelson Parkhill [2007] NSWSC 278
    CORPORATIONS – Statutory demand – Service of documents – Application to set aside or vary statutory demand on grounds of offsetting claim by post – Whether application to set aside made within 21 days of service of statutory demand – Service of statutory demand under s 109X (CTH) Corporations Act – Where mail addressed to registered office diverted to post office box - Where evidence rebuts presumption in s 29 of (CTH) Acts Interpretation Act that statutory demand served in the ordinary course of post – Applicability of s160 of the (NSW) Evidence Act – Section 160 of the (NSW) Evidence Act not displaced by s 109X of (CTH) Corporations Act and s 29 of the Acts Interpretation Act (Cth) – No presumption that statutory demand received in post office box on fourth working day after posting where that was not the specified address – Whether...
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  • 4th April 2007
    Siemens v Tolco: Tolco v Siemens [2007] NSWSC 257
    Administrative Law. Judicial review. Building & Construction Industry Security of Payment Act 1999 (NSW). Whether determination by an adjudicator was a bona fide exercise of power or a denial of natural justice. Held no consideration of submission and determination set aside.
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  • 4th April 2007
    Kidnie v Wolfies Plumbing Services P/L [2007] NSWCTTT 205
      Home Building Act 1989  - Consumer, Trader and Tenancy Tribunal Act 2001     
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