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Australia (New South Wales) Cases
Click on a case to view.
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16th December 2013
State Water Corporation v Civil Team Engineering Pty Ltd [2013] NSWSC 1879Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether adjudicator failed to accord natural justice - whether adjudicator failed to exercise powers in good faith - whether adjudicator committed jurisdictional error.
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13th December 2013
Dial D v Kingston Building [2013] NSWSC 1846Building & Construction - Building contracts- Payment - Final certificate - Contracts - interpretation - whether final certificate issued in time - corresponding date rule
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14th November 2013
Draybi One Pty Ltd v Norms Carpentry & Joinery Pty Ltd [2013] NSWSC 1676Building and Construction - Building and Construction Industry Security of Payment Act 1999 - - determination of reference date - whether two identical payment claims were in respect of the same reference date - whether the Act precludes service of second payment claim.
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5th November 2013
TQM Design and Construct Pty Ltd v Department of Finance and Services [2013] NSWADT 249Home building - disciplinary action - breach of statutory warranty - improper conduct – penalty
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28th August 2013
Dial D Pty Ltd as trustee for the Smith Street Unit Trust v Kingston Building (Australia) Pty Ltd [2013] NSWCA 277Contracts - building, engineering and related contracts - the contract - construction of contract - whether further progress claim could be made - whether Superintendent entitled to issue progress and other payment certificate in month when no work done and contractor did not issue progress certificate - whether Superintendent's progress certificate void Legislation Cited: Building and Construction Industry (Security of Payments) Act 1999
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23rd August 2013
Gray t/as Clarence Valley Plumbing Services v Ware Building Pty Ltd [2013] NSWCA 271Appeal and New Trial - procedural fairness - where request for adjournment and transfer of trial to another location refused - where defendant (now appellant) did not attend - whether violation of the hearing rule established
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23rd August 2013
NSW Land and Housing Corporation v DJs Home and Property Maintenance Pty Ltd (in liquidation) [2013] NSWSC 1167Corporations - Winding up - Corporations Act 2001 (Cth) ss 500(1), 501, 569(1) - Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) Div 2A ss 26A, 26B, 26C ("the SoP Act") – Contractors Debts Act 1997 (NSW) ss 5, 6, 7, 8, 9(1), 11(1) ("the CD Act") - whether service of a payment withholding request under s 26A of the SoP Act on a company creates a charge over the monies retained in favour of the claimant - Held no charge created – whether service of a payment withholding request is an attachment put in place against the property of the company within s 500(1) of the Corporations Act
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21st August 2013
Lend Lease Project Management & Construction (Australia) Pty Ltd v Kellogg Brown and Root Pty Ltd [2013] NSWSC 1142Contract - construction - plaintiff and defendant parties to professional services agreement – whether clause providing for the limitation of defendant's liability to plaintiff void for uncertainty – whether condition precedent to limitation of liability that plaintiff take out insurance - whether condition precedent satisfied - whether and to what extent liability of plaintiff to defendant limited
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28th June 2013
Hill as Trustee for the Ashmore Superannuation Benefit Fund v Halo Architectural Design Services Pty Ltd [2013] NSWSC 842Procedure - duty to opponent – communications with the Court - Bar Rule 53 - Solicitors Rule 23
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20th June 2013
NC Refractories Pty Ltd v Consultant Bricklaying Pty Ltd [2013] NSWSC 842Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) ss 4, 8, 13(5) - whether a payment claim was based on a construction contract - the parties entered into a verbal construction contract and the defendant served a payment claim - the plaintiff stated it would pay a lesser amount and the defendant sent a revised invoice - the plaintiff contended that the second invoice was not based on the construction contract but on a later independent arrangement arising out of the parties' communications which was not a construction contract - the plaintiff contended that if the claim was based on a construction contract it was the second claim under it and was in respect of the same reference date of the first claim and was impermissible under s 13(5) - held that the second claim was made under the original contract which had been varied and that the second...