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Australia (New South Wales) Cases
Click on a case to view.
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6th December 2010
St Hilliers Contracting Pty Limited v Dualcorp Civil Pty Ltd [2010] NSWSC 1468Contract – building, engineering and related contracts – Building and Construction Industry Security of Payment Act 1999 ss 10(1), 11(1), 11(1)-(2), 22(1)-(4) – the plaintiff challenged an adjudication determination in favour of the first defendant by the second defendant on grounds that the second defendant committed jurisdictional error and did not afford it natural justice because she did not have regard to material properly before her and determined the date for payment for the adjudicated amount on a basis which was not the subject of submission by either party – HELD – that both complaints were made out – there should be an order in the nature of certiorari quashing and setting aside the adjudication determination - Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW)
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6th December 2010
Steel v Beks [2010] NSWSC 1405Corporations Law. Application to set aside statutory demand under s459G of the Corporations Act. - Proceedings not commenced in time. Discussion of whether s29 of Acts - Interpretation Act 1901 or s160 of Evidence Act applies.
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26th November 2010
Siteberg v Maples [2010] NSWSC 1344Procedure - application for vexatious proceedings order pursuant to s 8 - Vexatious Proceedings Act - whether proceedings are vexatious - whether vexatious proceedings were instituted or conducted frequently - meaning of "frequently". - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) - Corporations Act 2001 (Cth) - Vexatious Proceedings Act 2008 (NSW)
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23rd November 2010
Cardinal Project Services v Hanave [2010] NSWSC 1367Building and Engineering Contracts – adjudication – determinations – validity – where prior adjudication made on same payment claim – where prior - determination declared void – whether plaintiff could make second adjudication - application – whether second application made within time allowed by s 26(3) – whether second determination void – judicial review – Building and Construction - Industry Security of Payment Act 1999 (NSW) s 26.
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18th November 2010
Bauen Constructions v Westwood Interiors [2010] NSWSC 1359Administrative Law – judicial review – jurisdictional error – natural justice – sufficiency of reasons. - Administrative Law – prerogative writs and orders – certiorari – discretionary factors. Contract – building, engineering and related contracts – remuneration – statutory regulation of entitlement to and recovery of progress payments – adjudication of payment claims – Building and Construction Industry Security of Payment Act 1999 (NSW) ss 9, 10, 20, 22. - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Supreme Court Act 1977 (NSW)
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16th November 2010
Grave v Blazevic Holdings [2010] NSWCA 324Appeal – civil – judgment – whether applicant had shown arguable defence – whether primary judge erred in construction and application of ss 14 and 15 – Building and Construction Industry Security of Payment Act 1999 (NSW) ss 14, 15, 32.
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12th November 2010
Parsons Brinckerhoff Australia Pty Ltd v Downer EDI Works Pty Ltd [2010] NSWSC 1295Building and Construction – Building and Construction Industry Security of Payment Act 1999 (“the Act”) s 31 – meaning of the phrase “ordinary place of business” – whether an address where the offices of its Chief Executive Officer and Chief Financial Officer were situated and from where business management and support services, finance support services, safety and environment and human resources management were provided for the defendant’s business nationally was its ordinary place of business – HELD – held that the place was the defendant’s ordinary place of business - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth)
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29th October 2010
Reed Constructions Australia Limited v MidCoast County Council trading asTrade Practices Act - Whether conduct misleading or deceptive - Alleged half-truths - Consideration of authorities - Proceedings pursuant to the Building and Construction Industry Security for Payments Act - Whether plaintiff mislead defendant causing it not to put on payment schedule in response to plaintiff's payment claim LEGISLATION CITED: Building and Construction Industry Security for Payments Act 1999 (NSW) - Trade Practices Act 1974 (Cth)
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29th October 2010
Paul Michael Pty Ltd (subject to deed of company arrangement) v Urban Traders Pty Limited [2010] NSWSC 1246Building and Construction – application for stay of execution of judgments obtained pursuant to adjudications made under Building and Construction Industry Security of Payment Act 1999 and consequential orders – defendant owned land and engaged plaintiff as builder under construction agreement – both parties alleged breaches of construction agreement – plaintiff obtained judgments pursuant to adjudications and consequential orders – plaintiff subsequently subject to deed of company arrangement – defendant lodged proof of debt with deed administrator – proof of debt pending determination......1
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24th September 2010
Chase Oyster Bar v Hamo Industries [2010] NSWSC 1167Administrative Law - prerogative writs and orders - certiorari - where s 17(2)(a) of Building and Construction Industry Security of Payment Act nor complied with - whether relief in the nature of certiorari against adjudicator's determination should be granted - discretionary considerations - certiorari granted - Supreme Court Act 1970 (NSW) s 69. - Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW) - Suitors' Fund Act Supreme Court Act 1970 (NSW)