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Australia (New South Wales) Cases
Click on a case to view.
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16th June 2011
Jantom Construction Pty Ltd -v- S&V Quality Interiors (NSW) Pty Ltd [2011] NSWSC 670Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Chase Oyster Bar v Hamo Industries [2010] NSWCA 190
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12th May 2011
Duynstee v Dickins [2011] NSWSC 408Appeal from Local Court - power to order stay of appeal until security for costs is given - principles applicable - failure by a party to meet previous cost orders - interests of justice - consideration of past and anticipated costs. Legislation Cited:Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 -District Court Act 1973 - District Court Rules 1973 - Local Court Act 2007 - Uniform Civil Procedure Rules 2005
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6th May 2011
Haypen Pty Limited -v- Tiltcon Pty Limited [2011] NSWSC 404Procedure - application to strike out - Uniform Civil Procedure Rules 2005 r 12.7(1) - delay - ongoing failure to comply with order to provide security – whether proceedings should be struck out for want of Despatch Legislation Cited: uniform Civil Procedure Rules Building and Construction Industry Security of Payment Act 1999 (NSW)
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14th April 2011
Blazevic Holdings Pty Ltd v Warwick S Grave [2011] NSWSC 287Legislation Cited:Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 Cases Cited: Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; (2001) 53 NSWLR 153 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353
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23rd March 2011
Siemens Ltd v Origin Energy Uranquinty Power Pty Ltd [2011] NSWSC 195Arbitration - Arbitration agreement - whether parties agreed to submit dispute under s 15(2)(a)(i) of the Building and Construction Industry Security of Payment Act 1999 to arbitration. BUILDING AND CONSTRUCTION CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - whether dispute under s 15(2)(a)(i) of the Act arbitrable - whether proceedings under s 15(2)(a)(i) should be stayed. Legislation Cited:Building and Construction Industry (Security of Payment Act) 1999 - Civil Procedure Act 2005 - Commercial Arbitration Act 1984 - Commercial Arbitration Act 2010 - Corporations Act 2001 (Cth) - Home Building Act 1989 - Industrial Relations Act 1996 - Insurance Contracts Act 1984 (Cth) - Trade Practices Act 1974 - Uniform Civil Procedure Rules
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21st March 2011
Sand Excavation Pty Ltd v Nahas Constructions Pty Ltd [2011] NSWSC 184Evidence - witnesses - credibility; procedure - service - whether effective - consequence of not being wholly within premises and whether service occurred within office hours; Contract - building - whether contract provided a due date such that relief under Building and Construction Industry Security of Payment Act 1999 (NSW) was available - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Industrial Relations Act 1996 (NSW) Industrial Relations (General) Regulations 2001 (NSW)
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16th March 2011
Olympia Group (NSW) Pty Ltd v Hansen Yuncken Pty Ltd & Anor [2011] NSWSC 165Building and Construction Contracts - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether a decision by an adjudicator who does not have jurisdiction was a determination under s 22 – whether entitled to submit new claim under s 17 - whether adjudicator had jurisdiction to determine claim - whether construction work carried out outside NSW - Legislation Cited: Building & Construction Industry Payments Act 2004 (Qld) - Building & Construction Industry Security of Payment Act 1999 (NSW) - Jervis Bay Territory Acceptance Act 1915 (Cth)
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4th March 2011
Filadelfia Projects Pty Limited v Entirity Business Services Pty Limited & Anor (No 2) [2011] NSWSC 116Contract - informal agreements -construction contracts - relevance of post contractual conduct in determining who the parties to the contract are – objective determination - contract found between builder and contractor, not developer and contractor - Procedure – adjudication application under Building & Construction Industry Security of Payment Act 1999 - natural justice - failure to supply same documents to adjudicator and opposing party - denial of natural justice – whether relief should be refused in circumstances where conduct not deliberate and issue determined on the merits by the court - abuse of process - deliberately withheld relevant documents from adjudicator – no duty of full disclosure in adjudication process - Legislation Cited: Building & Construction Industry Security of Payment Act 1999 (NSW) - Industrial Relations...
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17th February 2011
Cromer Excavations Pty Ltd v Cruz Concreting Services Pty Ltd [2011] NSWSC 51Building and construction - progress payments - payment plan served on Defendants - failure of Defendants to provide payment schedule within time limited by Building and Construction Industry Security of Payment Act 1999 – Plaintiff serves notice of intention to make adjudication application - Plaintiff thereafter takes proceedings for debt – whether Plaintiff made an election. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 - Uniform Civil Procedure Rules
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6th December 2010
Steel v Beks [2010] NSWSC 1404Building & Construction. Application to set aside determination under Building & Construction Industry Securty of Payment Act 1999. Finding by the court that payment claims and s17(2) notices not served. Determination set aside.