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Australia (New South Wales) Cases
Click on a case to view.
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30th January 2008
Majeed v Mahmud [2008] NSWSC 309PROCEDURE – judgments and orders – setting aside – where judgment given in absence of party. LEGISLATION CITED: (NSW) Building and Construction Industry Security of Payment Act 1999 - (NSW) Uniform Civil Procedure Rules 2005, r 36.15(1)
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17th January 2008
Xycrete P/L v David Taylor Building Services P/L [2008] NSWCTTT 779Whether the work for which payment is sought was additional work or rectification work? Whether there was a subsequent agreement made for accord and satisfaction of the Applicant’s claim? Whether the Tribunal has jurisdiction to hear the matter as the matter? Home Building Act 1989 - Building and Construction Industry Security of Payment Act 1999
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13th December 2007
Bucklands Convalescent Hospital v Taylor Projects Group [2007] NSWSC 1514BUILDING AND CONSTRUCTION – Question whether delivery or not of a payment schedule is for court or adjudicator to determine – Delivery challenged on basis that Superintendent under contract who delivered it had no authority to do so – Whether Superintendent can be so authorised – Question whether it was is a matter for adjudicatorLEGISLATION CITED: Building and Construction Industry Security of Payments Act 1999 (NSW)
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13th December 2007
Majeed v Mahmud & 4 Ors [2007] NSWSC 1413BUILDING & CONSTRUCTION – Security of Payment – where no payment schedule – disallowance of amounts apparently not in respect of construction work or related servicesLEGISLATION CITED: (NSW) Building and Construction Industry Security of Payment Act 1999 ss 13, 14, 15 - (NSW) Uniform Civil Procedure Rules 2005 r 11.4
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7th December 2007
TS Recoveries P/L v Sea-Slip Marinas (Aust) P/L [2007] NSWSC 1410CORPORATIONS - winding up - company concedes insolvency - whether winding up proceedings should be dismissed as an abuse of process - whether the court should in its discretion dismiss or adjourn the winding up proceedings LEGISLATION CITED: Building and Construction Industry Payments Act 2004 (Qld) - Corporations Act 2001 (Cth), ss 459E, 459R(2), 467(1)(a) - Judicial Review Act 1991 (Qld)
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21st November 2007
Berem Interiors Pty Limited v Shaya Constructions (NSW) Pty Limited [2007] NSWSC 1340[BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999] - Whether determination issued by adjudicator void - Whether jurisdictional error due to absence of construction contract between plaintiff and first defendant. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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13th November 2007
ACN 001 891 103 Pty Ltd v Reiby Street Apartments Pty Ltd [2007] NSWSC 1345CORPORATIONS – Statutory demand – Portion of debt owed a judgment debt – Appeal from judgment pending – Application to set aside under s 459J(1)(b) for “some other reason” – Where Court of Appeal granted stay of execution of judgment on terms that plaintiff provide security within 21 days and plaintiff did not comply with terms – Held no sufficient “other reason” within meaning of s 459J(1)(b) – Application dismissed. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Corporations Act 2001 (Cth)
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1st November 2007
Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2007] NSWSC 941Building and construction adjudication pursuant to s 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) – Whether adjudicator breached basic and essential requirements of the Act to consider all submissions duly made – Whether adjudicator failed to make a bona fide attempt to exercise his powers under the Act – Whether plaintiff denied measure of natural justice required under the Act – Nature, gravity and effect of adjudicator’s error relevantLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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25th October 2007
Firedam Civil Engineering v KJP Construction [2007] NSWSC 1162BUILDING AND CONSTRUCTION - progress payments - Building & Construction Industry Security of Payment Act - service of payment schedule - service under Corporations Act - relevance of evidence of non-receipt by director of claimant - adjudicator disregards adjudication response on ground that payment schedule was not provided because not received by claimant's director - errors of law - denial of natural justice - whether relief should be by declarations and injunctions or orders in nature of certiorariLEGISLATION CITED: Acts Interpretation Act 1901 (Cth) s 29 - Building & Construction Industry Security of Payment Act 1999 (NSW) ss 3, 4, 13, 14, 15, 17, 20, 22, 27, 31 - Corporations Act 2001 (Cth) s109X
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23rd October 2007
Reed Constructions Australia Ltd v DM Fabrications Pty Ltd [2007] NSWSC 1190CORPORATIONS - voluntary administration - deed of company arrangement - where deed refers to obviously incorrect date - whether correct date may be substituted as a matter of constructiion - statutory force and effect of deed indicate rectification by order under s.447A - CORPORATIONS - deed of company arrangement - substantive application for order terminating or avoiding deed - application for interlocutory injunction restraining enforcement of judgment against subject company - where company had judgment created by Building and Construction Industry Security of Payment Act - where judgment debtor asserted greater claim provable under deed of company arrangement - operation of s.553C LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999, s.25 - Corporations Act 2001 (Cth), Parts 5.3A, 5.6 Division 6, ss.444A(4)(i), 444B(2), 444B(6), 444D, 444G, 445D,...