Australia (New South Wales) Cases

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  • 8th March 2013
    Lahey Constructions Pty Ltd v Trident Civil Contracting Pty Ltd [2013] NSWSC 176
    Building and Construction - adjudication - requirement for a payment schedule – whether determination void - jurisdictional error – procedural fairness - natural justice
  • 25th February 2013
    The Owners - Strata Plan 74635 v Buildcorp Group Pty Limited [2013] NSWCA 40
    Practice and Procedure - no question of principle
  • 22nd February 2013
    Relative Mirait Services Pty Ltd v Midcoast Under Road Boring Pty Ltd
    Leave to Appeal - application for leave to appeal from Local Court to the Supreme Court - s 40(1), Local Court Act 2007 (NSW) - no question of mixed fact and law raised by the appeal - no denial of procedural fairness - magistrate correctly applied test for implying terms contained in Byrne and Frew v Australian Airlines Ltd (1995) 185 CLR 410 - magistrate did not rely on an implied term of law but correctly implied the term based on fact – magistrate did not draw an inference from facts that could not reasonably be drawn - leave refused
  • 14th February 2013
    Williams v Concreting Services [2013] NSWSC 85
    Building & Construction - Building Contracts - adjudication - interlocutory injunction – whether payment into court of adjudicated amount should be ordered
  • 25th January 2013
    Prime City Investments Pty Limited v Paul Jones & Associates Pty Limited & anor [2013] NSWSC 2
    Corporations - External administration - winding up in insolvency - creditor's statutory demand - setting aside - whether application to set aside served within time -where demand based on judgment arising from registration of adjudication certificate under Building and Construction Industry Security of Payment Act - whether offsetting claim
  • 14th December 2012
    Nigro v EVS Group Pty Limited [2012] NSWSC 1545
    Contract - Building and Construction Industry (Security of Payment) Act 1999 - entitlement of non- contractual party to recover moneys paid pursuant to a judgment filed under s 25 of the Act
  • 14th December 2012
    Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571
    Building and Construction - adjudication - whether determination void - jurisdiction - meaning of "subsequent named month" - bona fide attempt determine matter - procedural fairness
  • 4th December 2012
    The Trustees of the Roman Catholic Church for the Diocese of Lismore v T F Woollam and Son [2012] NSWSC 1559
    Building and Construction Industry Security of Payment Act 1999 (NSW) - jurisdictional error - whether adjudicator acted outside jurisdiction - whether payment claims complied with the requirements of s 13(4) and (5) of the Act - whether compliance with s 13(5) is jurisdictional
  • 30th November 2012
    Avopiling (NSW) Pty Ltd v Menard Bachy Pty Ltd [2012] NSWSC 1466
    Building and Construction Industry Security of Payment Act 1999 (NSW), adjudication determination, functions and duty of adjudicator, whether jurisdictional error, whether denial of natural justice, s 22(3), extent of requirement to provide reasons, procedural fairness, content of adjudication, whether erroneous consideration, misunderstanding and/or failure to address or consider matters, whether quash and/or void determination, no jurisdictional error exposed
  • 27th November 2012
    IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439
    Building and Construction - adjudication - jurisdictional error - construction contract – guarantee – indemnity