Australia (New South Wales) Cases

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  • 4th November 2003
    Max Cooper v Booth [2003] NSWSC 929
    Corporations Law. Application to set aside statutory demand. Demand based upon judgment pursuant to an adjudicator's determination under the Building & Construction Industry Security of Payment Act 1999. Whether a contractural ofsetting claim can be used to set aside the demand. Estoppel whether adjudicator's decision give rise to res judicata.ACTS CITED:  Building and Construction Industry Security of Payment Act 1999  - Building and Construction Industry Security of Payment Amendment Bill 2002  -Corporations Act 2001
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  • 31st October 2003
    Musico v Davenport [2003] NSWSC 977
    ADMINISTRATIVE LAW - whether the determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 is open to judicial review and upon what grounds - whether there were errors of law, jurisdictional errors or denial of natural justice - whether discretionary reasons for refusal of reliefACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment Amendment Act 2002 - Corporations Act 2001  -Supreme Court Act 1970
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  • 29th October 2003
    Emag Constructions P/L v Highrise Concrete Contractors (Aust) P/L [2003] NSWSC 988
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  • 20th October 2003
    Abacus Funds Management Ltd v Davenport [2003] NSWSC 935
    ADMINISTRATIVE LAW - Prerogative Writs and Orders - Whether an order in the nature of certiorari lies against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 - Whether interlocutory relief should be granted ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Supreme Court Act 1970 - Building and Construction Industry Security of Payment Amendment Act 2002
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  • 10th October 2003
    Masterton Homes P/L v Executive Builders & Developers P/L [2003] NSWSC 908
    VENDOR and PURCHASER - sale off the plan - entitlement to rescind where not registered in time available - Purchaser obtained interlocutory injunction to restrain rescission where prima facie case that Vendor in breach of contractual obligation to do whatever is reasonably necessary: 2000 Edition cl.29.  ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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  • 26th September 2003
    Emag Constructions P/L v Highrise Concrete Contractors (Aust) P/L [2003] NSWSC 903
    Contract  -construction contract  - payment claim - non-payment of amount claimed  -Building and Construction Industry Security of Payment Act 1919 (NSW)  - progress payment claim - payment schedule of $Nil - adjudication attempted service of adjudication application - appointment of adjudicator  -failure to provide adjudication response - validity of acceptance of appointment by adjudicator - jurisdiction of adjudicator to adjudicate -validity of determination given by adjudicator - sections 13, 14, 17, 19, 20, 21, 31 of the Act - Service - ordinary meaning of "service"  - validity of service of documents on legal representatives -principles of actual or ostensible authority in solicitors to receive service of copies of relevant notices -statutory construction  - formal and strict requirements to observe time stipulations in the Act
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  • 25th September 2003
    Paynter Dixon Constructions P/L v JF & CG Tilston P/L [2003] NSWSC 869
    [STATUTORY ADJUDICATION] -Statutory regime for recovery of progress payments under construction contracts - Application for injunction permanently restraining an adjudication - Whether adjudicator validly appointed - Whether adjudicator has jurisdiction to determine a dispute in relation to a Payment Claim that contained a claim conceded to be appropriately made under s 13 of the Building and Construction Industry Security of Payment Act 1999, but which also included a contentious claim for damages or loss of profits for alleged wrongful repudiation of a contract.ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Building and Construction Industry Security of Payment Amendment Act 2002 (NSW)
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  • 17th September 2003
    Amflo Constructions P/L v Anthony Jefferies [2003] NSWSC 856
    STATUTES - ACTS OF PARLIAMENT - interpretation - Building and Construction Industry Security of Payment Act 1999 - time within which application for adjudication must be made - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - Building and Construction Industry Security of Payment Act 1999 - time within which application for adjudication must be made Building and Construction Industry Security of Payment Act 1999Building and Construction Industry Security of Payment Amendment Act 2002Interpretation Act 1987Statute Law (Miscellaneous Provisions) Act 2003
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  • 27th August 2003
    Isak Constructions v Faress [2003] NSWSC 784
    CORPORATIONS - statutory derivative action - meaning of "an officer or former officer of the company" - unresolved question whether director removed from office - whether appropriate to grant leave when notice requirement in s.237(2)(e)(i) not satisfiedACTS CITED: Corporations Act 2001 (Cth), ss.236, 237
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  • 9th July 2003
    Karimbla Construction v Alliance Group Building [2003] NSWSC 617
    CORPORATIONS - winding up - statutory demand - application to set aside - genuine dispute based on Building and Construction Industry Security of Payment Act shown - allegation of such dispute not shown in any way by s.459G(3) affidavit - offsetting claim also alleged - widely differing amounts attached by serving party to claims for unliquidated damages - whether precise amount necessary when all asserted figures greatly exceed debt claimed by statutory demandACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.13 and 14 - Corporations Act 2001 (Cth), ss.459G and H
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