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Australia (New South Wales) Cases
Click on a case to view.
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30th November 2011
Hanave Pty Ltd -v- Nahas Construction (NSW) Pty Ltd [2011] NSWSC 1476Building Contracts - whether plaintiffs have established entitlement to summary judgment pursuant to the provisions of the Building and Construction Industry Security of Payments Act 1999 - Legislation Cited:Building and Construction Industry Security of Payments Act 1999, s 5, s 7, s 11, s 13, s 14, s 15, s 16, s 31 - Civil Procedure Act 2005, s 100, s 101 - Evidence Act 1995, s 160 - Home Building Act 1989 - Uniform Civil Procedure Rules 2005, r 14.28
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28th September 2011
TQM Design & Construct Pty Ltd & Anor v Romeo & Anor [2011] NSWDC 143Building Contracts - whether plaintiffs have established entitlement to summary judgment pursuant to the provisions of the Building and Construction Industry Security of Payments Act 1999 - Legislation Cited:Building and Construction Industry Security of Payments Act 1999, s 5, s 7, s 11, s 13, s 14, s 15, s 16, s 31 - Civil Procedure Act 2005, s 100, s 101 - Evidence Act 1995, s 160 - Home Building Act 1989 - Uniform Civil Procedure Rules 2005, r 14.28
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28th September 2011
Power Serve v Powerline's Clearing Group [2011] NSWSC 1180Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) – whether adjudicator erred by concluding that s34 of the Act rendered void certain provisions of construction contract - nature of requirement to 'consider' pursuant to s22 (2) – no requirement for 'consideration' to lead to a legally or technically correct answer. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW)
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22nd September 2011
Lym International Pty Ltd v Marcolongo [2011] NSWCA 303Building and Construction - s 177 Conveyancing Act 1919 - "duty of care not to do anything on or in relation to land..." - whether developer's decision to use particular support system was "doing something" in relation to land – whether developer's decision to use particular support system was something that "removed the support provided by the supporting land" - whether developer's decision to use particular support system was made without exercising reasonable care - relevance of departure from construction certificate.....
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9th September 2011
Midcoast County Council trading as Midcoast Water v Reed Constructions Australia Pty Ltd [2011] NSWCA 268Trade Practices - misleading or deceptive conduct - proceedings for payment of progress claim pursuant to s 13 of the Building and Construction Industry Security of Payments Act 1999 – whether appellant was misled in failing to serve in time a payment schedule under s 14 of the Act - whether findings of the primary judge supported by the weight of the evidence - whether primary judge considered irrelevant matters.
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9th September 2011
Clyde Bergemann v Varley Power [2011] NSWSC 1039Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - judicial review - jurisdictional error - whether adjudicator fell into error by finding entitlement to payment other than in accordance with the mechanisms of the contract - natural justice and procedural fairness – whether adjudicator failed to afford natural justice or act in good faith by omitting reference to materials provided to him, but not brought to his attention by parties.
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2nd September 2011
Paul Michael Pty Ltd v J A Westaway & Son [2011] NSWSC 1076Practice - security for costs – matters relating to exercise of discretion – where defendant's proposed cross-claim would cause issues in current proceedings to be litigated in any event - motion dismissed – no question of principle.
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25th August 2011
Owners Strata Plan 61172 v Stratabuild Ltd [2011] NSWSC 1000Administrative Law - judicial review - jurisdictional error - natural justice or procedural fairness - relief - declaration - application for review of validity of an adjudication application pursuant to the Building and Construction Industry Security of Payment Act 1999 ('the Act') – declaration sought that the adjudicator's determination was void - application to have the adjudicator's decision quashed – adjudicator failed to consider adjudication respondent's submissions referred to in the reasons of the payment schedule – adjudicator misconstrued the Act and failed to accord procedural fairness to the plaintiff.
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8th August 2011
DJE Building Services Pty Ltd v Insurance Australia Limited [2011] NSWDC 95Residential building work - Construction contract Arrangement - Recovery of progress payments - Legislation Cited: Home Building Act 1989 - Home Building Regulation 2004 - Civil Liability Act 2002 - Uniform Civil Procedure Rules 2005 - Building and Construction Industry Security of Payment Act 1999 Cases Cited: Olbourne v Excell Building Corp Pty Limited [2009] NSWSC 349 - Okaroo Pty Ltd v Vos Construction Joinery Pty Ltd [2005] NSWSC 45 - Re British Basic Slag Ltd's Agreements [1963] 1WLRS 727 - Levadetes Pty Ltd v Iberian Artisans Pty Ltd [2009] NSWSC 641
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21st June 2011
H M Australia Holdings Pty Limited v Edelbrand Pty Limited t/a Domus Homes & Anor [2011] NSWSC 604Judicial review of Adjudication Determination - certiorari- "related goods and services" - construction contract- basic and essential requirements- jurisdictional error- jurisdictional fact- calculated otherwise than by reference to the value of the work- appointment of adjudicator notification of appointment Legislation Cited: Architects Act 2003 (NSW) Building and Construction Industry Security of Payment Act 1999 (NSW).