Australia (New South Wales) Cases

Click on a case to view.

Show all casesprevious12...20212223242526...4142next
  • 6th December 2006
    Veolia Water Solutions & Technologies v Kruger Engineering Australia P/L [2006] NSWSC 1406
    BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 - where new payment claim incorporates matters that have been the subject of prior adjudication – where plaintiff seeks to restrain defendant from proceeding with any adjudication application based on that new payment claim – where plaintiff asserts that prior adjudication determination is void – where any hypothetical subsequent adjudicator is bound by s 22(4) - where defendant will be barred by s 13(4)(b) of the Act from filing an additional payment claim if restrained until likely final hearing and decision – whether interlocutory relief appropriate. COSTS – where plaintiff brought application in a peremptory way – where nature of debate substantially altered – whether costs in the proceedings – no question of principle.
    Click here to read more
  • 1st December 2006
    Inten Constructions v Refine Electrical Services [2006] NSWSC 1282
    BUILDING AND CONSTRUCTION - where plaintiff's payment schedule and adjudication response asserted that no contract provision supported the first defendant's claim - whether adjudicator was entitled or required to consider the relevant provisions of the contract under s 22(2)(b), (d) of the Building and Construction Industry Security of Payment Act 1999 (NSW) - where adjudicator found claim to be supported by the contract - whether natural justice required adjudicator to provide the plaintiff with an opportunity to respond - where adjudicator considered plaintiff's adjudication response - where adjudicator did not expressly state reasons for rejecting plaintiff's approach - whether adjudicator acted impartially - whether adjudicator lacked good faith - application of Brodyn v Davenport [2004] NSWCA 394 - whether adjudication determination void  ACTS CITED: Building and Construction Industry...
    Click here to read more
  • 24th November 2006
    JBK Engineering Design & Construction P/L v Brick & Block Co P/L [2006] NSWSC 1301
    Building & Construction Industry Security of Payment Act 1999 (NSW) - Proper construction of words "final determination of the proceedings" as used in s 25(4)(b) LEGISLATION CITED :                 Building & Construction Industry Security of Payment Act 1999 (NSW)
    Click here to read more
  • 17th November 2006
    Ettamogah Pub (Rouse Hill) P/L v Consolidated Constructions P/L (in liq) [2006] NSWSC 1450
    CORPORATIONS – Winding-up – Winding-up in insolvency – Statutory demand – Application to set aside statutory demand – Genuine dispute as to indebtedness – Offsetting and other like claims – Plaintiff and defendant, a builder, entered into building contract – Defendant lodged payment claims with plaintiff pursuant to s 13 Building and Construction Industry Security of Payment Act 1999 (NSW) – Plaintiff liable to pay defendant pursuant to s 14(4) Security of Payment Act – Defendant commenced proceedings and obtained judgment in its favour – Defendant served plaintiff with statutory demand in same amount as judgment debt – Whether seriously arguable that plaintiff entitled to relief pursuant to s 32 Security of Payment Act – Whether seriously arguable that plaintiff entitled to damages against defendant for defendant’s...
    Click here to read more
  • 17th November 2006
    John Holland P/L Ltd v RTA No2 [2006] NSWSC 1202
    ADMINISTRATIVE LAW - Particular Tribunals or bodies - Building and Construction Industry Security of Payment Act 1999 - Adjudicator's determination - Whether adjudicator failed to consider a submission in an adjudication application - Whether a denial of natural justice - Whether determination void  ACTS CITED:Building and Construction Industry Security of Payment Act 1999
    Click here to read more
  • 14th November 2006
    JBK Engineering P/L v Brick & Block Co P/L [2006] NSWSC 1192
    Building and Construction Industry Security of Payment Act 1999  
    Click here to read more
  • 18th October 2006
    Jem Developments Pty Ltd v Hansen Yuncken Pty Ltd [2006] NSWSC 1087
    Building and construction - Building Construction Industry Security of Payment Act 1999 - Proper construction of s 25 (4) of Act - Meaning of words "commences proceedings to have the judgment set aside" - Whether a respondent to an application under the Act against whom a judgment debt following a determination has been entered, may albeit eschewing making an application to have the judgment set aside, seek any and if so what form of declaratory and associated relief challenging the validity of the determination.  ACTS CITED: Building Construction Industry Security of Payment Act 1999 (NSW) - Supreme Court Act 1970 (NSW)
    Click here to read more
  • 29th September 2006
    CCD v Drywall [2006] NSWSC 1012
    Corporations Law. Application under 459G of the Corporations Act 2001 to set aside statutory demand. Formal defects in the affidavit in support a reason for setting aside the demand. Genuine dispute and off-setting claim established. Demand set aside.
    Click here to read more
  • 29th September 2006
    Lucindole P/L v Homer & Jim’s Painting Service [2006] NSWCTTT 544
    LEGISLATION: Home Building Act ISSUES:  Recovery of moneys by contractor against sub-contractor for incomplete and defective work
    Click here to read more
  • 19th September 2006
    Falgat Constructions P/L v Equity Australia Corp P/L [2006] NSWCA 259
    BUILDING AND ENGINEERING CONTRACTS - Progress payments - Payment claims - Whether successive payment claims, claiming the same amount, can be served - Payment schedules - Time limit for provision of payment schedules - Whether adjudication application can be made if payment schedule provided outside the time limit - Whether s.109X of the Corporations Act 2001 (Cth) applies to provision of payment schedule to a corporation - Effect of s.29 of the Acts Interpretation Act 1901 (Cth) - Whether "provide" means anything different from "serve" in the Building & Construction Industry Security of Payment Act 1999, and is governed by s.31 of that Act.  LEGISLATION CITED: Acts Interpretation Act 1901 (Cth), s.29 - Building Construction Industry Security of Payment Act 1999 (NSW), SS.13, 14, 15, 17 and 31 - Corporations Act 2001 (Cth), s.109X - Evidence Act 1995 (NSW), s.160
    Click here to read more
Show all casesprevious12...20212223242526...4142next