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Australia (New South Wales) Cases
Click on a case to view.
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5th May 2005
Taylor Projects Group P/L v Brick Dept P/L [2005] NSWSC 439Claims under Building and Construction Industry Security of Payment Act 1999 (NSW) - Date of service of Payment Claim - Suggested constructive resubmission of Payment Claim - Adjudication held not to have erred - Obiter consideration of whether Determination failed to satisfy one of the essential conditions laid down by the ActACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Corporations Act (1901) (Cth)Supreme Court Act 1970 (NSW)
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29th April 2005
Alan Conolly & Co v Commercial Indemnity [2005] NSWSC 339Contract - Statutory Construction. -Whether three invoices served in the same facsimile can constitute one payment claim under the Building and Construction Industry Security for Payment Act 1999. -Held that this did constitute one payment.ACTS CITED: Building and Construction Industry Security of Payment Act
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22nd April 2005
Air Dynamics Control & Services Contracting v Durham [2005] NSWSC 366Building and Construction Industry Security of Payment Act
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22nd April 2005
Lifestyle Retirement Projects No 2 P/L v Parisi Homes P/L [2005] NSWSC 411BUILDING AND CONSTRUCTION - ADJUDICATION - INJUNCTION - Plaintiff alleges facts which, if proved, would result in invalidity of adjudication under Building and Construction Industry Security of Payment Act 1999 - Plaintiff seeks interlocutory injunction restraining any further step in adjudication process until final hearing of question of validity.ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - s.13(4), s.14(4), s.17(1), s.25(1)
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20th April 2005
Meyer v Brian Burston Building Design Consultant (General) [2005] NSWCTTT 235LEGISLATION: Consumer, Trader and Tenancy Tribunal Act 2001, Consumer Claims Act 1998, - Building and Construction Industry Security of Payment Act 1999.
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14th April 2005
Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd [2005] NSWSC 362Building & construction industry - Building and Constructions Industry Security of Payment Act - adjudication application - where plaintiff sought to restrain appointment of adjudicator - where plaintiff sought to restrain defendant from proceeding with adjudication application - whether adjudicator able to determine whether payment claims in adjudication application can be awarded - discretionary considerations.ACTS CITED: - Building and Construction Industry Security of Payment Act 1999
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14th April 2005
Pacific General Securities Ltd v Soliman & Sons P/L [2005] NSWSC 378Building and construction - Building and Construction Industry Security of Payment Act 1999 - Where injunction sought to restrain enforcement of adjudication determination - Adjudication application - Whether failure to comply with basic and essential requirement of the Act - Whether denial of natural justice - Whether notice of acceptance of application served on plaintiffs - Where service is taken to be effective upon receipt - Whether notice of application received by plaintiffs - Where unchallenged evidence of system and non receipt - No question of principle.
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13th April 2005
Co-ordinated Construction Co P/L v Climatech (Canberra) P/L [2005] NSWSC 312[STATUTORY CONSTRUCTION] - [CONSTRUCTION CONTRACT] - Application for permanent injunction to restrain the obtaining of a certificate under the Building and Construction Industry Security for Payment Act 1999 (NSW) - Whether the claims under the contract as a result of the awarding of extensions of time were "variation" claims under the contract - Whether claims for delay damages consequent upon extensions of time are able to be claimed in a payment claim under the Act and awarded in a determination under the Act.ACTS CITED: - Building and Construction Industry Security of Payment Act 1999 (NSW) - Supreme Court Act 1970 (NSW)
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6th April 2005
Hogan v Allan (Home Building) [2005] NSWCTTT 255ISSUES: Whether the contractor represented himself to the homeowner as a building contractor? Whether this contract was on a “fixed price” or an ongoing “costs plus” basis? Whether works in rebuilding a bathroom were completed to contract specifications and an acceptable standard of workmanship? Whether the homeowner and/or the contractor terminated or repudiated the contract? Whether the homeowner has unlawfully withheld payment for work completed by the contractor? Whether the contractor is entitled to make a claim based upon contract or is reduced to seeking the remedy of restitution in quantum meruit? LEGISLATION: Home Building Act 1989
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4th April 2005
Vince Schokman v Xception Construction P/L [2005] NSWSC 297Section 17(2) notice of intent to apply for adjudication served out of time - Adjudication application made out of timeSection 15(2)(a) makes provision for alternatives of either proceeding to recover claimed amount as a debt in curial proceedings or of making adjudication application - Where claimant elects to seek adjudication determination and adjudication procedures miscarry, claimant cannot revert to seeking judgment in curial proceedingsACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)