Australia (New South Wales) Cases

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  • 28th April 2008
    John Holland P/L v Made Contracting P/L [2008] NSWSC 374
    CONSTRUCTION – CONTRACT – procedure for adjudication under Building and Construction Industry Security of Payment Act 1999 – whether withdrawal of adjudication application valid – whether adjudicator failed to determine adjudication application – whether entitlement to make new adjudication application established – whether claimant estopped from making new application – whether adjudicator’s determination of new application void – statutory constructionLEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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  • 11th April 2008
    Brian Leigh Smith v Coastivity Pty Ltd [2008] NSWSC 313
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether a construction contract to which the Act applied existed – definition of “related goods and services” – whether consideration for related goods and services was calculated other than by reference to the value of the goods and services supplied – whether discretionary grounds exist to warrant withholding the grant of declaratory and injunctive relief. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (the Act) - Landlord and Tenant (Amendment) Act (1948) - Racial Discrimination Act 1975 (Cth) - Strata Titles Act 1969 -Workers Compensation Act 1987 (NSW)
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  • 1st April 2008
    Masterton Homes P/L v Palm Assets P/L [2008] NSWSC 274
    Contract Construction and interpretation of contracts Equity Rectification  General principlesRequirement of clear and convincing proof of a common intention inconsistent with the words deliberately employed Evidence  Admissibility of post-contract communicationsAdmissibility of post-contract admissions Distinction between evidence admissible upon construction of contract as opposed to rectification Contract under consideration set out in undertaking given to the Court Onus of proofLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) -Home Building Act 1989 (NSW)
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  • 5th March 2008
    Project Architecture Pty Limited v Peter's of Kensington Pty Limited [2008] NSWDC 24
    Claim under Building and Construction Industry Security of Payment Act 1999 - Application for Summary Judgment - Relevant principles - Whether triable issue of fact or law had been disclosed - Whether party raising triable issue of fact required to cross-examine opposing party LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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  • 4th March 2008
    David Hurst Constructions Pty Ltd v Shorten [2008] NSWSC 164
    CONSTRUCTION – CONTRACT – whether Building and Construction Industry Security of Payment Act 1999 applies – whether construction contract within s 7(2)(b) – statutory construction – whether claimant entitled to payment claim – claimant’s application for summary judgment under Uniform Civil Procedure Rules 2005, Pt 13, r 13.1LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Home Building Act 1989Interpretation Act 1987 - Uniform Civil Procedure Rules 2005
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  • 29th February 2008
    Da Silva and Da Silva Constructions P/L v Bresond P/L [2008] NSWSC 158
    Consumer Trader & Tenancy Tribunal has no jurisdiction to order corporate plaintiff to provide security for costs - Tribunal not a court under Corporations Act 2001 (Cth) and not otherwise authorised LEGISLATION CITED: Consumer Trader and Tenancy Tribunal Act 2001 - Corporations Act 2001 (Cth) - Home Building Act 1989 - Local Courts Act 1982
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  • 28th February 2008
    David Hurst Constructions P/L v Helen Durham [2008] NSWSC 318
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether adjudicator considered material in breach of s20(2B) of the Act – whether adjudicator failed to comply with s22(2) of the Act – whether adjudicator misunderstood terms of contract, or their application – whether any such error invalidates determination – denial of procedural fairness – whether s21(4) of the Act imposes mandatory requirement on adjudicators if they are unable to make a determination on evidence before them – no evidentiary onus or presumption imposed by the Act. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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  • 18th February 2008
    Katherine Pty Ltd v The CCD Group Pty Ltd [2008] NSWSC 131
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – judgment founded on adjudication certificate – restraint of enforcement of determination or judgment where unconscionability – Trade Practices Act 1974 (Cth), s51AA and s51AC. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Income Tax Assessment Act 1997 - Trade Practices Act 1974
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  • 13th February 2008
    Lifese Pty Limited v Adelaide Brighton Cement Limited [2008] NSWDC 38
    Contracts - Building Contract - Builder's claim for unpaid money - Effect of subsequent adjudication - LEGISLATION CITED: Building and Construction Industry Security Payment Act 1999 -Civil Procedure Act 2005
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  • 12th February 2008
    Adelaide Bank Limited v BMG Poseidon Corp Pty Limited [2008] NSWSC 68
    CATCHWORDS : COMMON LAW - default judgment - application to set aside - whether arguable defence to judgment debt – promissory representation - reliance LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Real Property Act 1900 Uniform Civil Procedure Rules
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