Australia (New South Wales) Cases

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  • 15th May 2006
    Halkat Electrical Contractors P/L v Holmwood Holdings P/L [2006] NSWCA 125
    BUILDING AND CONSTRUCTION PROCEDURE - APPEAL - Declaration that adjudication determination void - Contractor appeals, and also issues further payment claim including the same work and obtains an adjudication determination on that claim - Whether appeal an abuse of process - Whether it should be struck out or stayed. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999, ss.13, 24
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  • 15th May 2006
    Baseline Constructions v Classic Group Painting Services [2006] NSWCA 123
    PROCEDURE - APPEAL - Whether relief in nature of a stay would be granted because of strength of appellant's case on appeal.
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  • 9th May 2006
    Baseline Constructions v Classic Group Painting Services [2006] NSWSC 397
    Building and Construction Entitlement to make second payment claim Determination of reference dates S22(4) of Building and Construction Industry Security of Payment Act (NSW) 1999 requires a subsequent adjudicator to treat an attempt [by an earlier adjudicator to determine the value of construction work] as having been successful and compliant with s.10 value of work changing since previous determination
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  • 9th May 2006
    Procorp Civil P/L. v. Napoli Excavations & Contracting P/L [2006] NSWCA 118
    PRACTICE - APPEAL - Whether stay should be granted on late application and on incomplete material.
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  • 5th May 2006
    Reiby Street Apartments v Winterton Constructions [2006] NSWSC 375
    BUILDING AND CONSTRUCTION – ADMINISTRATIVE LAW – Second defendant made adjudication determination pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) – Whether second defendant failed to consider plaintiff’s payment schedule and adjudication response – Whether second defendant erred in failing to consider plaintiff’s payment schedule and adjudication response – Whether second defendant’s adjudication determination is void – Whether second defendant committed jurisdictional error, failed to act bona fide, or failed to afford plaintiff natural justice – Sections 20(2B) and 22(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) considered – Brodyn Pty Ltd v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421 considered.
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  • 5th May 2006
    Springs Golf Club P/L v Profile Golf P/L & William Donald Mawney Taylor [2006] NSWSC 395
    Building and Construction Security of Payments Act 1999 (NSW) Requirement that unsuccessful party having paid unpaid portion of adjudicated amount into Court be ready to proceed if opposing payment out Impermissible use of subpoena/notice to produce for purposes of fishing to establish whether a basis exists to oppose payment out
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  • 3rd May 2006
    Advanced Mechanical Systems v Duct Co Pty Ltd [2006] NSWSC 439
    Supreme Court procedure - Mareva orders - Judgment entered in District Court on adjudication certificate under the Building and Construction Industry Security of Payment Act 1999 - Application in District Court for stay of judgment pending determination of other proceedings in the District Court - Continuation of interim order for stay not sought - Garnishee order granted in District Court successful - Application to this Court for mareva order – Orders sought requiring payment of garnishee receipts to Registrar of the District Court and injunction restraining the taking of any further steps to enforce the District Court judgment
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  • 28th April 2006
    Grant Constructions Pty Ltd v Claron Constructions Pty Ltd [2006] NSWSC 369
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  • 28th April 2006
    Springs Golf Club P/L v Profile Golf P/L [2006] NSWSC 344
    CONSTRUCTION CONTRACTS Progress payments Building and Construction Industry Security of Payment Act Adjudicator's determination re payment schedule Whether judicial review available Whether valid adjudication application had been made Whether valid payment schedule under the Act
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  • 21st April 2006
    Procorp Civil P/L v Napoli Excavations and Contracting P/L [2006] NSWSC 358
    Practice and Procedure - Building and Construction Industry Security of Payment Act 1999 (NSW) -  Moneys paid into Court as security - Interlocutory position pending appeal
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