Australia (New South Wales) Cases

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  • 24th September 2010
    Chase Oyster Bar v Hamo Industries [2010] NSWCA 190
    Administrative Law – judicial review – grounds of review – Building and Construction Industry Security of Payment Act 1999 – whether an incorrect determination by an adjudicator that a s 17(2) notice was served within the prescribed time amounts to jurisdictional error – whether Brodyn Pty Ltd v Davenport correctly decided. -ADMINISTRATIVE LAW – prerogative writs and orders – certiorari – Building and Construction Industry Security of Payment Act 1999 – whether determinations by adjudicators amenable to orders in the nature of certiorari for jurisdictional error – whether adjudicators are exercising a statutory function – whether there is a superadded requirement that an adjudicator is subject to a “duty to act judicially” before being amenable to prerogative writs. - ADMINISTRATIVE LAW – judicial review...
  • 17th September 2010
    Proprietors of Strata Scheme 3618 v Costin Roe Consulting [2010] NSWSC 1049
    Administrative Law - residential building work - supervision and co-ordination - quantum meruit. - Legislation Cited: Home Building Act 1989 - Local Court Act 2007 - Building and Construction Industry Security of Payment Act 1999
  • 30th August 2010
    Agusta Industries v Niclad Constructions [2010] NSWSC 925
    Building and Construction - Building and Construction Industry Security of Payment - Act 1999 - whether adjudicator's determination void for alleged failure of receipt of adjudication application - whether presumption of receipt of postal article - whether a denial of natural justic LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Evidence Act 1995 - Acts Interpretation Act 1901 (Cth)
  • 27th August 2010
    Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors [2010] NSWSC 976
    Building and Construction Industry Security of Payment Act 1999 - Plaintiff against whom a judgment has been entered who brings proceedings seeking to prevent a party from relying on that judgment without seeking to set aside the judgment is aware that section 25 (4) of the Act requiring security will not be triggered Court cautious to ensure justice between the parties but also to ensure that the legislation under which the application is brought is not circumvented LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Civil Procedure Act 2005 (NSW)
  • 6th August 2010
    Rahme Civil Pty Ltd v Zeater & Sons Pty Ltd [2010] NSWDC 161
    Building contracts - Construction contract for residential units - Demolition/excavation work - Damage to building by contractor's truck - Negligence of truck driver -  Payment claims -  Multiple payment claims - Need for a payment schedule to dispute claim Statutory debt - Unlicensed contractor - Whether contract enforceable - Quantum meruit - Status of contractor's unpaid progress claims - Cross-claim by builder - Cost of rectification work to building - Whether damage to building caused by truck incident -  Whether additional work causally related to truck incident - Set-off of separate verdicts - Costs
  • 29th June 2010
    Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710
    Contract – construction – building contract – alternative dispute resolution provision – where the parties refer disputes for expert determination which the provision provides is final and binding but subject to an appeal procedure which involves an attempted negotiated settlement – where the provision provides that the expert determination is to be final and binding unless reversed or overturned or otherwise changed under such procedure – where such procedure did not result in reversal, overturning or change – whether the parties intended the same claims to be determined by different tribunals – held expert determination binding
  • 16th June 2010
    Neumann Contractors v Wyong Shire Council [2010] NSWSC 614
    Action by council to recover alleged overpayment from contractor – contract to rehabilitate and redevelop disused landfill – where specification required plaintiff to excavate to ‘top of waste profile’ –where council claimed that contractor over-excavated – whether contract required or permitted contractor to excavate existing fill beyond the top of waste profile if the material then at the top of waste profile met the specification requirements for cover soil – whether contract required or permitted the contractor to excavate more than 100mm below the top of waste profile if additional excavation was necessary to ensure the cover soil layer met the specification requirements – whether excavation beyond the top of waste profile required council approval – whether council gave approval – whether excavation in fact performed affected...
  • 14th May 2010
    Allpro Building Services Pty Limited v Micos Architectural Division Pty Limited & Ors [2010] NSWSC 474
    Natural justice - Reasonable apprehension of bias - Building and Construction Industries Security of Payments Act 1999 Adjudicator has a history of disputation with plaintiff concerning plaintiff having refused to pay adjudicator's fees - Adjudicator refuses to accept challenge to his right to determine the matter - Critical significance that adjudicators determine the adjudications which come before them, without regard to extraneous circumstances as for example private communications with their colleagues about one or other of the parties  LEGISLATION CITED: Building and Construction Industries Security of Payments Act 1999
  • 11th May 2010
    Allpro v Micos [2010] NSWSC 453
    Building and Engineering Contracts - interlocutory injunction – restraining enforcement of determination of adjudicator - apprehension of bias - denial of natural justice - extension of time for adjudication - short time limit for agreement - no actual or implied agreement to extension - payment of adjudicator's fees. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW)
  • 6th May 2010
    CC No 1 v Reed [2010] NSWSC 294
    Contracts. Building, engineering and related contracts. Progress claims under the Building and Construction Industry Security of Payment Act 1999 Claim that later claim was an abuse as it reagitated matters the subject of earlier claims. - No adjudication of earlier claims. - Held in the circumstances no abuse. - Proceedings dismissed.