Australia (New South Wales) Cases

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  • 10th July 2006
    Multipower v S & H Electrics [2006] NSWSC 757
    BUILDING AND CONSTRUCTION - whether adjudicator addressed wrong question, failed to consider relevant material or considered irrelevant material - whether adjudication application made outside time limit prescribed by s 17(3) Building and Construction Industry Security of Payment Act 1999 - whether time limit is "basic and essential" requirement - whether failure to comply with limit vitiates determination - application of Brodyn v Davenport [2004] NSWCA 394 COSTS - whether costs follow event - no question of principle ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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  • 3rd July 2006
    RTA v John Holland [2006] NSWSC 567
    BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submissions made for first time in Adjudication Response rejected pursuant to s 22(2)(d) — Whether that failure to consider Adjudicator rendered decision void — Whether submissions as to jurisdiction of Adjudicator under the Act must be considered pursuant to s 22(2)(a) and (b) — Whether failure to consider submission vitiating error in sense explained in Brodyn Pty Ltd v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421. BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submission that Adjudicator had no jurisdiction under Act to hear payment claim for extension of time — Submission that Adjudicator not entitled to stand in shoes of superintendent...
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  • 22nd June 2006
    Rojo Building v Jillcris [2006] NSWSC 649
    ESTOPPEL - where Court on hearing (including of application for summary judgment) found pleaded cause of action unsustainable, gave reasons and made orders - where plaintiff has not sought to amend summons to allege alternative cause of action - whether parties estopped from contending to the contrary of orders made - whether matter should be reopened pursuant to UCPR 36.16(1) or inherent power of Court
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  • 21st June 2006
    Acclaim Building Management PL v Loewenthal [2006] NSWDC 29
    LEGISLATION CITED:       Building and Construction Industry Security of Payment Act 1999 - Civil Procedure Act 2005 - Home Building Act 1989    
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  • 16th June 2006
    Brodyn P/L v Y A Welding P/L [2006] NSWLC 25
    CATCHWORDS:                Notice of Motion - Is the plaintiff a person who is entitled to make a claim for payment against the defendant under the Act Construction of the Act - Whether the plaintiff is a person who has "undertaken" to do "construction work" - Progress payments LEGISLATION CITED:        Uniform Civil Procedure Rules R.13.1, 14.28 and 16.3 Building and Construction Industry Security of Payment Act 1999 Ss. 3(1), 4, 7, 8(1), 13, 14(4), 15(2)(a) and 34
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  • 13th June 2006
    Procorp Civil P/L v Napoli Excavations & Contracting P/L (No.2) [2006] NSWCA 147
    PRACTICE - APPEAL - Security for costs - Whether corporation challenging adjudication determination under Building & Construction Industry Security of Payment Act 1999 is in substance a plaintiff - Whether special circumstances need to be shown - Whether special circumstances shown.
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  • 7th June 2006
    Baulderstone Hornibrook P/L v Queensland Investment Corp [2006] NSWSC 522
    Building and Construction Payment Schedule Whether payment schedule was provided by respondent to claimant Question of fact Contractual requirement that Principals representative be appointed Obligation of Principals representative when exercising functions prescribed by Contract capable of being termed 'fiduciary duties' Challenge to activities [of indirect assistant of Principals representative] in physically assembling folders of documents served as part of payment schedule Activities challenged held to fall outside functions prescribed by the Contract to be carried out by Principals representative
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  • 19th May 2006
    Williams v Star Structures P/L (Home Building) [2006] NSWCTTT 347
      LEGISLATION: Home Building Act 1989 - Building and Construction Industry Security of Payment Act 1999 CASES Sabemo v De Groot (1992) 8 BCL 132 - L U Simon Builders Pty Limited v H D Fowles [1992] 2 VR  188 - Heaven Building Contractors Pty Limited v Jokarta Pty Limited and Anor (unreported Qld Building Tribunal 21 May 1997) - John Holland Constructions Pty Limited v Majorca Projects Pty Limited (unreported Hansen J Supreme Court of Victoria 27 July 1995)  - Makita v Sprowles (2001) 52 NSWLR705
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  • 19th May 2006
    Bell v Pearce (Home Building) [2006] NSWCTTT 274
      LEGISLATION: Home Building Act 1989 - Building and Construction Industry Security of Payment Act 1999 (BCISP Act) - Consumer, Trader and Tenancy Tribunal Act 2001 CASES: Brodyn Pty Limited v Davenport [2004] NSWCA 394 - Hungerfords v Walker (1989) 171 CLR 125
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  • 17th May 2006
    Equipped Constructions v Form Architects [2006] NSWSC 500
    CORPORATIONS - winding up - creditor's statutory demand - genuine dispute - dispute arising out of conflicting evidence of oral contract - substantiated amount below statutory minimum - whether indemnity costs appropriate - no issue of general principle ACTS CITED: Corporations Act 2001 (Cth), ss 459G, 459H
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