Australia (Northern Territory) Cases

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  • 27th June 2014
    M&P Builders Pty Ltd v Norblast Industrial Solutions Pty Ltd & Anor [2014] NTSC 25
    Decision of an adjudicator – construction of contract – extension of prescribed time for determination – availability of merits review –procedural fairness
  • 6th June 2014
    Axis Plumbing NT Pty Ltd v Option Group (NT) Pty Ltd and Anor [2014] NTSC 22
    Construction – Security of payment – Determinations – Validity of – Jurisdictional error – Review by Supreme Court – Functions of Court on judicial review - Construction Contracts (Security of Payments) Act 2004 (NT) ss 27, 33(1)(a), 48(3)
  • 3rd April 2012
    Department of Construction and Infrastucture v Urban and Rural Contracting Pty Ltd & Anor [2012] NTSC 22
    Construction Contracts (Security of Payments) Act (NT) – interpretation of s 8(a) – when a “payment dispute” arises – jurisdiction to adjudicate – absence of “payment dispute” in present case – whether adjudicator’s determination reviewable by the Court – adjudication declared void for jurisdictional error
  • 21st January 2011
    K&J Burns Electrical Pty Ltd v GRD Group (NT) Pty Ltd & Anor [2011] NTCA 1
    Construction Contracts (Security of payments) Act 2004 (NT) – Determination by adjudicator as to monies payable by contractor to sub-contractor under construction contract – application to single Judge for judicial review – declaration by him that adjudicator jurisdiction not enlivened save as to balance of retention fund payable to appellant under relevant contract – whether impugned summary invoice constituted a payment claim giving rise to a payment dispute under the Act which was properly the subject of adjudication – whether prior invoices rendered constituted valid payment claims under cl 12.2 of contract – consideration of mandatory requirements of that clause – whether, if valid payment dispute did not arise in relation to claims for monies payable in respect of work done, it nevertheless remained open to trial Judge to uphold adjudication...
  • 28th June 2010
    GRD Group (NT) Pty Ltd v K & J Burns Electrical Pty Ltd [2010] NTSC 34
    Contracts – subcontract – construction of contracts – payment claims and security – criteria for valid payment claim – retention monies in subcontract for security – late completion of subcontract – reconciliation statements – time for payment of payment claims – whether tax invoices amount to payment claims – strict compliance for valid payment claim – whether repeat claims can be authorised by contract – motion for a declaration that the determination is void – stay of the judgment.
  • 14th November 2008
    Independent Fire Sprinklers (NT) Pty Ltd v Sunbuild Pty [2008] NTSC 46
    BUILDING AND CONTRUCTION – construction contract – adjudicator’s determination – subsequent judgment – whether judgment should be stayed or set aside – whether adjudicator has jurisdiction to determine whether the application was served within time – whether determination void – whether other relief available to the plaintiff – Construction Contract (Security of Payment Act (NT) – summons dismissed with costs
  • 15th October 2008
    Trans Australian Constructions Pty Ltd v Nilsen (SA) Pty Ltd [2008] NTSC 42
    Construction Contracts (Security of Payments) Act (NT) – whether the appointed adjudicator made his determination in accordance with the requirements of the adjudication process fixed by the Act – whether adjudicator failed to determine issue raised – whether a valid “payment claim” existed under the contract and within the meaning of the Act to give rise to a “payment dispute” –  claims dismissed.
  • 10th March 2008
    Alcan Gove Development Ltd v Thiess Pty Ltd [2008] NTSC 12
    CONTRACT – Original construction agreement – subsequent agreement adding extras – same parties – whether variation of original agreement or new agreement – when contract made – intention. Statute Referred to: Construction Contracts (Security of Payments) Act 2004 (NT)
  • 5th February 2007
    Boutique Venues Pty Ltd v JACG Pty Ltd [2007] NTSC 5
    CORPORATIONS LAW — Corporations Act (Cth) - construction contract — Construction Contracts (Security of Payments) Act 2004 (NT) - payment dispute - application to set aside creditor's statutory demand — payment of progress claims — failure to issue progress certificates — whether genuine dispute and offsetting claim established — amount of statutory demand varied