Australia (New South Wales) Cases

Click on a case to view.

  • 3rd July 2014
    N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905
    Application for interlocutory injunction dismissed with costs as between the plaintiff and the first and second defendants. No orders as to costs as between the plaintiff and the third defendant.
  • 27th June 2014
    Nefiko Pty Ltd v Statewide Form Pty Ltd (No 2) [2014] NSWSC 840
    judicial review - grounds of review - Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination - whether identity of parties to construction contract a jurisdictional fact – whether decision by adjudicator as to identity of contracting parties reviewable for jurisdictional error – distinction between determination of a jurisdictional fact with binding legal effect and the formation of an opinion by an administrative body in relation to a jurisdictional fact - whether denial of natural justice - whether adjudicator took into account all relevant factual matters
  • 19th June 2014
    Cornerstone Danks Street v Parkview Constructions [2014] NSWSC 866
    Adjudication determinations - application for declaration that adjudicator's determination is void – whether adjudicator failed to comply with statutory obligation imposed by s 21(3) of the Building and Construction Industry Security of Payments Act 1999 (NSW) - whether determination void where as at the date by which determination was to be made not all matters in dispute had been decided.
  • 11th June 2014
    PPK Willoughby v Eighty Eight Construction [2014] NSWSC 760
    Building contracts - Adjudication determinations – whether adjudicator's determination is void for failure to exercise the power given to him under the Building and Construction Industry Security of Payments Act - whether adjudicator abrogated power by accepting the valuation assessed by the Superintendent
  • 4th June 2014
    FAL Management Group v Denham Constructions [2014] NSWSC 747
    Building contracts - adjudication determinations – whether plaintiff can appropriate payment made in respect of an earlier adjudication determination against a later payment claim Procedure - interlocutory injunctive relief - whether as a matter of discretion relief should be granted Procedure - costs - general rule costs follow the event
  • 11th April 2014
    Nefiko Pty Ltd v Statewide Form Pty Ltd [2014] NSWSC 442
    Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether denial of natural justice - jurisdiction of adjudicator – whether adjudicator took into account all relevant factual matters.
  • 4th April 2014
    Tresedar Pty Ltd v Property Builders (Constructions) Pty Ltd (In Liquidation) [2014] NSWSC 382
    Whether settlement deed a "construction contract" - whether payment under that deed a "progress payment" - Contract - implied terms - whether an implied term that parties deal with each other in good faith and cooperate - Unconscionable Conduct - requirements for conduct to be unconscionable. Procedure - civil - whether the court should permit party to amend its claim - effect of delay - requirement that responding party have sufficient time to respond.
  • 24th February 2014
    Anderson Street Banksmeadow Pty Ltd v JCM Contracting Pty Ltd [2014] NSWSC 102
    Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether plaintiff denied natural justice - whether denial of natural justice material to determination of adjudicator Legislation
  • 24th January 2014
    Burrell v JGE Machinery [2014] NSWSC 32
    Injunction to restrain enforcement of adjudication determination granted on condition as to payment in of adjudicated amount.
  • 20th January 2014
    Geotech v Northwest Civil Construction Group [2014] NSWSC 8
    Practice & Procedure - application to stay execution of judgment - whether serious question to be tried - balance of convenience