- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Australia (New South Wales) Cases
Click on a case to view.
-
5th August 2005
Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 805PRACTICE AND PROCEDURE - Costs - Dispute arising from appointment of arbitrator - Where action settled - No trial on the merits - Where communication between solicitors should have resolved the issue - Failure to agree due largely to plaintiff imposing unreasonable conditions - Held that proceedings were unreasonably brought by the plaintiff - Plaintiff to pay defendant's costs. ACTS CITED:Commercial Arbitration Act 1984 (NSW) - Building & Construction Industry Security of Payment Act 1999 (NSW)
-
5th August 2005
Energetech v Sides Engineering [2005] NSWSC 801BUILDING AND CONSTRUCTION - where alleged that referee incorrectly calculated reference date under s 13(4) - whether basic and essential requirement of service of payment claim includes compliance with s 13(4) - whether failure to comply with s 13(4) renders adjudication determination void ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
-
4th August 2005
Brewarrina Shire Council v Beckhaus Civil P/L [2005] NSWCA 248BUILDING AND CONSTRUCTION - defective or incomplete work - no damage for defective or incomplete work sustained while contract is on foot and contractor is required to complete the work - termination by agreement - can be ab initio or release from future performance only - implied term that the parties' rights are governed by provisions in the contract relating to completion despite the termination of it - failure to meet contractual standard - evidentiary onus on contractor to prove the contractual standard has substantially been complied with - breach by contractor - evidentiary onus on contractor to prove no damage suffered - assessment of damages for rectification costs - costs of new work required to achieve conformity with contractual requirements - undertaking of the new work must be reasonable - intention to rebuild or to rectify the work is generally not relevant - suspension of...
-
18th July 2005
Falgate v Masterform [2005] NSWSC 728BUILDING AND CONSTRUCTION - Whether the claim was a payment claim, whether failure to allow the time required before applying for adjudication was a substantial breach of natural justice, whether failure to serve application for adjudication was a breach of natural justice, and whether ceasing action in one jurisdiction indicates abandonment of rights at general law. The claim set out all the requirements under the Building and Construction Industry Security of Payment Act 1999, thus it was a payment claim. Failure to allow time required was a substantial breach of natural justice. - Held: Adjudication Determination set aside.
-
14th July 2005
Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 715BUILDING AND CONSTRUCTION - adjudication certificate under Building and Construction Industry Security of Payment Act 1999 issued - application for injunction to restrain appointing authority from issuing certificate relating to the determination, and to restrain recipient of the determination from filing any such certificate - balance of convenience - provision of bank guarantee - form of orders ACTS CITED: Building and Construction Industry Security of Payment Act 1999
-
13th July 2005
Coordinated Construction Co. P/L. v Climatech (Canberra) P/L [2005] NSWCA 229BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Whether "delay damages" under contract are "for" construction work or related goods and services - Whether delay damages can be included in payment claims under the Act. LEGISLATION CITED: Building & Construction Security of Payment Act 1999, ss.3, 4, 6, 8, 9, 10, 11, 13, 17 and 22.
-
13th July 2005
Coordinated Construction Co. P/L. v J.M. Hargreaves (NSW) P/L [2005] NSWCA 228BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Whether "delay damages" under contract are "for" construction work or related goods and services - Whether delay damages can be included in payment claims under the Act. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999, ss.3, 4, 6, 8, 9, 10, 11, 13, 17 and 22.
-
11th July 2005
Lifestyle Retirement Projects No 2 v Parisi Homes [2005] NSWSC 705CORPORATIONS - winding up - whether bona fide dispute exists as to existence of debt - appropriateness of deciding legal question on which the alleged dispute depends - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - payment claim under Building and Construction Industry Security of Payments Act 1999 - whether service of Payment Claim within 12 months after construction work was last carried out is a "basic and essential requirement" to validity of an adjudication determination ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 (Cth)
-
5th July 2005
Tolfab v Tie [2005] NSWSC 326BUILDING & CONSTRUCTION Whether the decision of an Adjudicator should be set aside for failure to take into consideration material in the Adjudication Response; failure to give proper and adequate reasons; failure to value the work; resulting in a breach of natural justice, or failure by the Adjudicator to bona fide exercise power.HELD: Proceedings dismissed Adjudicator did value the works, give appropriate reasons, did not fail to take into account part of submissions. There was no breach of natural justice. There is no question of there being no bona fide exercise of power.
-
30th June 2005
Kane Constructions P/L v Sopov [2005] VSC 237CONTRACT — Building contract — Construction — Progress certificates — Claims for payment — Evidence and information in support of progress claims — Whether material supporting claims condition precedent to issue of a payment certificate — Validity of late progress claims — Validity of late progress certificates — Assessment procedures — Estoppel — Delay and extension of time claims — Liquidated damages — Right of principal to deduct liquidated damages from progress payments — Role of the superintendent — Undue influence — Suspension of works under the contract — Right of principal to access retention moneys under the contract — Substantial breach — Repudiation — Termination — Alternative rights and remedies available to aggrieved party as a result of repudiation —...