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Australia (New South Wales) Cases
Click on a case to view.
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20th November 2012
IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1394Practice and Procedure – pleadings - amendment Building and Construction - construction contract - determination by adjudicator - natural justice
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1st November 2012
Leighton v Arogen [2012] NSWSC 1323Administrative Law - Building and Construction Industry Security of Payment Act 1999 (NSW) - application to restrain enforcement of, and to quash, a determination of an adjudicator - whether adjudicator materially denied parties natural justice by permitting the defendant to advance its claim in a way the plaintiff was not able to answer - whether adjudicator acted outside jurisdiction - whether adjudicator's determination void - whether adjudicator erred in his approach to the application of s 20(2B) and 22(2)(c) of the Building and Construction Industry Security of Payment Act 1999 (NSW)
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30th July 2012
Hanave Pty Ltd v Nahas Construction (NSW) Pty Limited [2012] NSWSC 888Building and Construction Industry Security of Payment Act 1999 (NSW), Division 2A – Plaintiff (principal contractor) sought to quash adjudication determination obtained by the first defendant (respondent) and paid monies into Court pending its challenge - thereafter the second defendant (claimant), a creditor of the first defendant, which had itself obtained an adjudication determination against the first defendant served on the plaintiff a payment holding request under s 26A of the Act - later the plaintiff's challenge failed and the monies in Court were paid out to the first defendant discharging the plaintiff's debt to the first defendant - the second defendant contended that the plaintiff had discharged its obligation as principal contractor to pay money under a contract to the first defendant as respondent in contravention of a requirement under Division 2A of the Act and...
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30th July 2012
DJs Home and Property Maintenance v Dujkovic [2012] NSWSC 870Procedure - Civil - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether service of payment claim was regularly effected - whether injunctive relief should be discharged or continued.
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28th June 2012
Ardnas (No 1) Pty Ltd v J Group (Aust) Pty Ltd [2012] NSWSC 805Building and Construction - Application to set aside adjudication determination on the basis of no jurisdiction on the grounds that the defendant impermissibly made, and the determination dealt with, more than one payment claim in relation to the same reference date in conflict with ss 13(1), 13(5) and 17(1) Building and Construction Industry Security of Payment Act 1999 (NSW) - HELD - Whether more than one payment claim was made to be viewed as a matter of substance not form - multiple invoices capable of being one payment claim for the purposes of the Act
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24th April 2012
Machkevitch v Andrew Building Constructions [2012] NSWSC 546Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - preliminary issue - whether court should leave matter to be disputed before another adjudicator - adjudication determination - meaning of "arrangement" - whether there was an "arrangement" amounting to a construction contract for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW) - whether the definition of "construction contract" requires that an "arrangement" must be legally enforceable - whether the defendant's attempts to press its payment claims against the plaintiff is an abuse of the processes of the Act. - [ESTOPPEL] - Issue estoppel - Anshun estoppel whether the defendant is estopped (by way of narrow or Anshun estoppel), by reasons of the determination of the first adjudicator, from pressing its claim under the alleged construction contract....
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9th March 2012
Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 – adjudication determination - whether Act applied to contract - definition of "related goods and services" Statutory Interpretation – Words and Phrases - Building and Construction Industry Security of Payment Act 1999 - "related goods and services" Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 – adjudication determination - application of s 7(2)(c) - whether calculation of consideration by reference to value of services provided. Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether adequate notification of adjudication application. Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether...
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8th March 2012
Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234Procedure - interlocutory injunction – to prevent filing of adjudication certificate in court pursuant to s 25 of the Building and Construction Industry Security of Payment Act 1999 - whether arguable case and balance of convenience - where evidence of defendant having no assets. Administrative Law – whether adjudicator had jurisdiction under Act - where application made out of time – where claim already lodged for same reference dates and work - whether denial of natural justice. BUILDING AND CONSTRUCTION - security of payment legislation – whether more than one adjudication application can be made for same reference dates and work.
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12th January 2012
Oppedisano v Micos Aluminium Systems [2012] NSWSC 53Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) – whether contract was one for the carrying out of residential building work for the purposes of s 7(2)(b) - whether, had s 7(2)(b) been found to apply, relief in the nature of certiorari should be withheld on discretionary grounds.
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3rd January 2012
Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6Administrative Law - Building and Construction Industry Security of Payment Act 1999 (NSW) - questions of administrative law - where adjudicator materially denied parties natural justice by determining his jurisdiction in a way for which neither party had contended and without giving them the opportunity to be heard - whether adjudicator's determination void. Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether s 7(1) authorizes more than one adjudication application to be made at the one time for the one payment claim.