Australia (Victoria) Cases

Click on a case to view.

Show all casesprevious12 3 4 5 6 next

4th April 2014
Colonial Range Pty Ltd v Victorian Building Authority and Ors [2014] VSC 272

Judicial review – Natural justice – Victorian Building Authority (“Authority”) – Decision of the Authority under s 81(1) Building Act 1993 (Vic) – Decision of the Authority to consent to termination of a private building surveyor – Whether decision amenable to judicial review under the Administrative Law Act 1978 (Vic) – Whether Authority to afford natural justice to adjoining owner when making the decision – Scheme of the Building Act 1993 (Vic) – Role and functions of private and municipal building surveyors under the Building Act 1993 (Vic) – Nature of the decision made under s 81(1) Building Act 1993 (Vic) – Contrasted with decision of owner to appoint a building surveyor under s 78 Building Act 1993 (Vic) – Obiter dicta observations on the potential application of R v Panel on Take-overs and Mergers, Ex parte...

Click here to read more
28th March 2014
Southon Constructions Pty Ltd v Forstar Pty Ltd [No. 2] [2014] VCC 349

Practice and procedure – Judgement upon a progress claim – Stay of execution pending determination of defendant’s claim in VCAT for defects on the project – Solvency of plaintiff in issue – Many subcontractors on project owed money by plaintiff – Stay granted to preserve monies placed in trust by the defendant – Building and Construction Industry Security of Payments Act 2002 (Vic)

Click here to read more
21st March 2014
Southon Constructions Pty Ltd v Forstar Pty Ltd [2014] VCC 306

Practice and procedure - Building and Construction Industry Security of Payment Act 2002 (Vic) – Defendant’s application for stay of execution on judgment – Inadequate financial material provided by plaintiff – Application adjourned – Interim stay granted

Click here to read more
13th December 2013
Mackie Pty Ltd v Counahan & Anor [2013] VSC 694

Building and Construction Industry Security of Payment Act 2002 (Vic) – What constitutes “valid payment claim” - What constitutes “final payment claim” - Whether payment claim identified the construction work to which each payment claim related under s 14(2)(c) of the Act - Requirement to identify work in final claim under s 14(2)(c) of the Act - Whether payment claim served within time under s 14(4) of the Act – Whether invalidity under s 14(8) of the Act by reason of more than one final payment claim made

Click here to read more
17th October 2013
Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors [2013] VSC 552

Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) - Application for judicial review of a determination of an adjudicator – Application for writ of certiorari to quash a decision of an adjudicator – Jurisdictional error – Whether a payment claim can be served multiple times - Application of s 14(8) and s 14(9) of the Building and Construction Industry Security of Payment Act 2002 (Vic) - Whether “single” or “one off” payment claim – Application of s 14(5) and s 9(2)(c) of the Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether payment claim made in time s 18 of the Building and Construction Industry Security of Payment Act 2002 (Vic)

Click here to read more
15th October 2013
Sugar Australia Pty Ltd v Southern Ocean Pty Ltd & Anor [2013] VSC 535

Practice and Procedure – Subpoena issued under r 42 Supreme Court (General Civil Procedure) Rules 2005 seeking production of a computer – Statement of a preliminary question for determination under r 47.04 of the Rules – Allegation of fraud – Risks of alleging fraud

Click here to read more
21st August 2013
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [No. 3] [2013] VSC 435

Arbitration – Stay application under s 8 of the Commercial Arbitration Act 2011- s 8 considered – Stay granted in part. Building Contract - Clause 42 of Australian Standard Contract AS4300–1995 contract considered. Prcatice and Procedure - Summary judgment sought pursuant to s 63 of the Civil Procedure Act 2010 or Order 22 of the Supreme Court (General Civil Procedure) Rules 2005 - Applicable test for summary judgment under the Civil Procedure Act 2010 determined by the Court of Appeal on a reference pursuant to s 17B(1) Supreme Court Act 1986 [2013] VSC 201 and applied

Click here to read more
26th July 2013
Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2013] VSCA 179

Contract - Building contract Provision for proprietor to take works over and complete Provision for Supervisor to ascertain cost to complete and certify amount payable Whether Supervisors certificate complied with contract Whether open to appellant builder to challenge certificate Whether contractual dispute resolution procedures required to be followed Election Waiver Appeal dismissed

Click here to read more
17th June 2013
Harkin v Renaissance Parquet Pty Ltd (Civil Claims) [2013] VCAT 1013

Contract for the supply and installation of a hardwood floor to be a feature in a renovated house written contract prepared by supplier containing detailed conditions width and length of boards specified contract requires variations to be agreed in writing before undertaken respondent installs non-complying boards suppliers allegation that contract orally varied rejected breach of contract damages Bellgrove v Eldridge, Ruxley Electronics & Construction Ltd v Forsyth.

Click here to read more
10th May 2013
Maxstra Constructions Pty Ltd v Joseph Gilbert & Ors [2013] VSC 243

Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Apparent conflict between s 10B(2)(c) with s 11(1)(b)(iv) of the Act – Conflict resolved by application of statutory construction principles –Adjudicator erred in statutory construction – Jurisdictional error – Certiorari granted – Determination of adjudicator quashed and matter remitted for determination in accordance with the law.

Click here to read more

Show all casesprevious12 3 4 5 6 next