Australia (New South Wales) Cases

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  • 14th September 2001
    Baulderstone Hornibrook P/L v HBO+DC P/L [2001] NSWSC 821
    [PRACTICE & PROCEDURE] - Summary Judgment applications in the Construction List - Practice Notes - Administration of List - Application to refer Motion for Summary Judgment to call over - Whether referral is consistent with the just, quick and cheap resolution of the litigation.ACTS CITED: Building and Construction Industry Security of Payment Act (1999) (NSW)
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  • 13th August 2001
    Bourke Road P/L v Boxster Constructions P/L [2001] NSWSC 717
    CORPORATIONS [216]- Winding up- statutory demand- Defective- Point not taken in time- Other invalid attacks made on demand- Giver of demand now in liquidation- Whether demand can or should be set aside.ACTS CITED:  Corporations Law, ss 459G, 459J - Building & Construction Industry Security of Payment Act, 1999, s 11
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  • 9th July 2001
    AB & MA Chick (Vic) P/L (In Liq) v 526 Olive Street P/L [2001] NSWSC 575
    Application for summary judgment in respect of balance of Progress Claim withheld by agreement. [INTERLOCUTORY MANDATORY INJUNCTION] - Whether such should be granted where no undertaking as to damages proffered and a lack of capacity to reinstate guarantee. Plaintiff in liqudiation prior to calling upon guarantee.
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  • 14th June 2001
    Zhang (Julie) v Canterbury City Council [2001] NSWCA 167
    ADMINISTRATIVE LAW - consent to development applications - requirement to "take into consideration" development control plan - Environmental Planning and Assessment Act 1979, s79C(1) - ADMINISTRATIVE LAW - appeal on question of law - Land and Environment Court Act 1979, s56A. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 - Land and Environment Court Act 1979
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  • 11th March 2001
    Consolidated Constructions Pty Ltd v Ettamogah Pub [2004] NSWSC 110
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether s 7(2)(a) applicable - meaning of "forms part of" in s 7(2)(a) - legislative purpose of s 7 - whether plaintiff may serve a progress claim under s 13 - whether "progress payment" has same meaning in Act as it does under the construction contract - effect of amendments to (inter alia) s 13 by Act No. 133 of 2002  
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