Australia (New South Wales) Cases

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  • 9th December 2004
    Barclay Mowlem v Tesrol Walsh Bay [2004] NSWSC 1232
    BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether letter in law sufficient to be payment schedule - s 14(2)(b), (3) - whether "nothing" an amount for purposes of s 14(2)(b) - whether letter "provided" within meaning of s 14(1) ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Trade Practices Act 1974 (Cth)  
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  • 3rd December 2004
    TQM v Dasein [2004] NSWSC 1216
    BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudication determination void - where dispute as to date adjudication application served and received - natural justice - whether plaintiff denied natural justice in adjudicator taking into account material withheld from plaintiff - whether relief should be denied as matter of discretion when adjudicator considers payment schedule - whether adjudicator thereby taken to have considered whole of party's caseACTS CITED: Building and Construction Industry Security of Payment Act 1999
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  • 30th November 2004
    Coordinated Construction Co Pty Ltd v J.M. Hargreaves Pty Ltd [2004] NSWSC 1206
    BUILDING & CONSTRUCTION - INJUNCTION - PRACTICE AND PROCEDURE - Progress payments - Building & Construction Industry Security of Payment Act - ex parte application to restrain filing of adjudication certificate - application brought at last possible moment - discretion to refuse application and leave applicant to apply to set aside judgment - policy of Court to refuse last minute ex part applications. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - s.3, s.13(5), s.25(1).
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  • 26th November 2004
    Rothnere v Quasar [2004] NSWSC 1151
    BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudication determination void - s 22(4) - whether s 22(4) applicable - whether compliance with s 22(4) a fundamental requirement of Act - meaning of "valuation" of construction work in s 22(4) - application of Brodyn v Davenport [2004] NSWCA 394 ACTS CITED: Building and Construction Industry Security of Payment Act 1999 -  Building and Construction Industry Security of Payment (Amendment) Act 2002 - Supreme Court Act 1970
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  • 25th November 2004
    Corbett Court v Quasar [2004] NSWSC 1174
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  • 22nd November 2004
    Ziade v Tricon [2004] NSWSC 1070
    Corporations Act. Building and construction, hearing of originating process seeking to set aside statutory demand, contested adjudication application, property developer, construction manager, construction management agreement. Offsetting claim, whether this was an appropriate supplementation of the initial affidavit or whether the initial affidavit should have provided estimates of the cost. Whether regard could be had to the rectification of Brook Street in the circumstances that Brook Street has now been sold by the developer. Is the offsetting claim genuine. Proceedings dismissed.
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  • 19th November 2004
    Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1163
    BUILDING AND CONSTRUCTION – PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) Pt 20 r 20.24 –Both parties contend that report of referee should be accepted but each party contends for variations – where mistakes of law by referee do not effect ultimate outcome of report – where factual findings made were open to the referee on the evidence – Report adopted without variation except those agreed or not contested  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) - Supreme Court Rules 1970 (NSW)
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  • 12th November 2004
    Property & Equity Developments v Parnell [2004] NSWSC 1035
    BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - Building and Construction Industry Security of Payment Act 1999 - when payment claim may be served - time when "the construction work to which the claim relates was last carried out", within meaning of section 13(4)(b) ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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  • 11th November 2004
    Filipe v Inscope Solutions Pty. Limited [2004] NSWCA 417
    BUILDING AND CONSTRUCTION - Progress payments - Judgment - Does not determine final rights of parties.
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  • 8th November 2004
    Bell Partners v Kann Finch [2004] NSWSC
    Appeal decision of Local Court Magistrate;  summary judgment;  Building Construction Industry Security of Payment Act 1999 (NSW) ACTS CITED: Building and Construction Industry Security of Payment 1999 (NSW) - s 13 -  Local Court (Civil Claims) Act 1970 (NSW) - s 69 - Local Court (Civil Claims) Rules 1988 (NSW) - Pt 10A r 2
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