Australia (New South Wales) Cases

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  • 19th June 2013
    Sky General Services Pty Ltd V Bauen Constructions Pty Ltd [2013] NSWCA 191
    Appeal - application for leave to appeal – no challenge to substantive result - contention that wrong conclusion reached on two of three alternative bases of determination - challenge to costs order only
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  • 3rd June 2013
    Ampcontrol SWG Pty Limited v Gujarat NRE Wonga Pty Limited (formerly Gujarat NRE FCGL Pty Limited) [2013] NSWSC 707
    Building and Construction Industry - Building and Construction Industry Security of Payment Act - Where claimant serves a payment claim for a progress payment which does not disclose the precise contractual provisions relied. Where defendant fails to serve a payment schedule and then opposes judgment being entered on the basis that the terms of the contract do not entitle the plaintiff to the progress payment claimed – sufficient for the plaintiff to make a claim - defendant could raise the contractual issue in a payment schedule or adjudication response but is not entitled to do so now
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  • 30th May 2013
    Anderson Street Banksmeadow Pty Ltd v Helcon Contracting Australia Pty Ltd [2013] NSWSC 657
    Remedies - adjudication determination void - jurisdictional error found in respect of only one issue - whether declaration that the determination is void should be made - whether certiorari should be issued setting aside or quashing the determination - whether, instead, that part of funds paid into Court not attributable to the jurisdictional error should be paid out to the claimant
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  • 9th May 2013
    State Asphalt Services Pty Ltd v Leighton Contractors Pty Ltd [2013] NSWSC 528
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether the Act should be interpreted so as to permit a party to move for judgment on first payment claim when a second identical payment claim has been issued and responded to with a payment schedule - whether bringing of proceedings is an abuse of the Act - whether bringing of proceedings is an abuse of process - whether party ought to be estopped from bringing proceedings - whether claimant engaged in misleading or deceptive conduct – whether counterparty can bring a cross-claim
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  • 3rd May 2013
    Anderson Street Banksmeadow Pty Ltd v Helcon Contracting Australia Pty Ltd [2013] NSWSC 491
    Building and Construction – whether adjudication determination void - breach of natural justice - decision on basis not foreshadowed to the parties
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  • 24th April 2013
    Maxstra NSW Pty Ltd v Blacklabel Services Pty Ltd [2013] NSWSC 406
    Building and Engineering Contracts - Building and Construction Industry Security of Payment Act 1999 - challenge to adjudication determination - claim for work either as variation or on quantum meruit - allegation that amount claimed is within the contract price - not a matter raised in payment schedule and inconsistent with contractual documents - allegation of denial of procedural fairness and error of law - no error of law involved in determination - alleged denial of procedural fairness had no practical impact - no jurisdictional error
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  • 19th April 2013
    Cranbrook School v JA Bradshaw Civil Contracting [2013] NSWSC 430
    Building and Construction – construction contracts - Building and Construction Security of Payment Act 1999 (NSW)- meaning of "construction contract" - where no contract between the owner and subcontractor - whether there was an "arrangement" within the meaning of the Act
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  • 17th April 2013
    Creative Building Services v Jolene Investments [2013] NSWSC 391
    Building and Construction – construction contracts - whether compliance with a contractual mechanism for claiming progress payments formed a condition precedent for payment of the entire contract sum
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  • 11th April 2013
    Class Electrical Services v Go Electrical [2013] NSWSC 363
    Building and Construction - Building and Construction Security of Payment Act 1999 (NSW)- meaning of "construction contract" for the purposes of the Act - whether undertaking to supply related goods under an arrangement. Building and Construction - Construction Contracts -Adjudication of payment claims - whether claim in respect of one contract
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  • 15th March 2013
    Lahey Constructions Pty Limited v Newbold Bulk Haulage Pty Limited [2013] NSWSC 215
    Building and Construction - adjudication - absence of natural justice - absence of procedural fairness - determination void
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