Australia (Victoria) Cases

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  • 26th April 2013
    Maxstra Constructions Pty Ltd v Active Crane Hire Pty Ltd [2013] VSC 177
    Administrative Law – Application for adjudication determination – Jurisdiction of adjudicator – Time limit – Whether failure to discharge functions under the Act – Building and Construction Industry Security of Payment Act 2002 ss 15, 18, 50
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  • 11th March 2013
    Strategic Property Holdings No. 3 Pty Ltd v Austbrokers RWA Pty Ltd [2013] NSWSC 178
    Damages - professional negligence – insurance broker - quantum
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  • 14th December 2012
    Adam Wood Group Pty Ltd v Procon Builders Pty Ltd [2012] VCC 2002
    Building Contract - payment claim - whether plaintiff is or claims to be entitled to a progress payment - contractual requirement for statutory declaration - payment schedule – summary judgment granted- Building and Construction Industry Security of Payment Act 2002 ss 14,15 and 17
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  • 28th November 2012
    Blue Constructions Pty Ltd v ZX Group Pty Ltd [2012] VCC 187
    Building Contract – default judgment – failure to file a defence – whether arguable defence – identifying terms of construction contract - judgment set aside - Building and Construction Industry Security of Payment Act 2002; County Court Civil Procedure Rules Rule 21.07
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  • 20th September 2012
    Product Development Projects Pty Ltd v Owners Corporation PS408909U [2012] VCC 1335
    Contract - building and construction industry – summary judgment – architectural services for owners corporation – whether construction contract – whether charge rate agreed- whether demand under Act served – application dismissed- Building Industry Security of Payment Act 2002
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  • 5th September 2012
    Singleton v Marina Apartments [2012] VCC 1341
    Summons for Summary Judgment – principles to be applied - Plaintiff’s claim for return of deposit and interest in circumstances where vendor failed to construct a residential unit sold off plan in substantial compliance to plans annexed to the contract – breach of an essential term of contract giving rise to a right to rescind - judgment for the plaintiff – interest calculated from time plaintiff entitled to repayment of deposit
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  • 4th July 2012
    Skilled Group Ltd v CSR Viridian Pty Ltd & Anor [2012] VSC 290
    Unexecuted sub-contracts - Whether binding sub-contracts entered into – Sub-contracts implied from conduct – Whether conduct of parties evidenced a concluded bargain and on what terms - Fourth class of Masters v Cameron (1954) 91 CLR 353 considered and applied - Whether party estopped from denying binding sub-contracts – Whether restitutionary quantum meruit available - Lumbers v W Cook Builders Pty Limited (2007) 232 CLR 635 considered and applied - Milestone dates for progressive completion of stages of works not agreed – Whether milestone dates essential terms - Whether free acceptance of benefit arises – Construction and effect of final certificates issued by superintendent under General Conditions of AS2124 – 1992 as amended – Entitlement for payment pursuant to final certificates. CONTRACT - Whether conduct of parties evidenced a concluded...
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  • 3rd July 2012
    Republic of Turkey v Mackie Pty Ltd & Anor [2012] VSC 309
    Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether Adjudicator had jurisdiction – Decision open to review by way of certiorari – Whether finding by adjudicator that payment claim valid reviewable – Removal of conditions not permitted under the Domestic  Building Contracts Act 1995 (Vic) – Whether construction of a Consular Residence is a ‘Domestic Building Contract’ – Application of s 7(2)(b) of the Building and Construction Industry Security of Payments Act 2002 (Vic) - Director of Housing of the State of Victoria v Structx Pty Ltd [2011] VSC 410 applied. STATUTORY   INTERPRETATION   –  Definition  of  ‘Domestic Building  Contract’  as  defined in section 3 of the Domestic  Building...
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  • 7th June 2012
    470 St Kilda Road Pty Ltd v Reed Constructions Australia Pty Ltd & Anor [2012] VSC 235
    Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether ‘good faith’ a pre- condition to  a  valid payment  claim –  Whether  ‘good faith’  implied into  the  statutory scheme for a payment claim - Whether compliance with the adjudication application time limits provided in s 18(3) of the Act a basic and essential condition of validity - Whether Adjudicator’s determination on compliance with the adjudication time limit reviewable – Allegedly false statutory declaration accompanying payment claim – Whether finding by adjudicator  that   payment  claim  valid  reviewable  –   Whether   reasons  provided  by adjudicator...
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  • 27th March 2012
    Drakk Constructions Pty Ltd v Sandown Road Investments Pty Ltd [2012] VCC 307
    Building and Construction Industry – security of payment – progress payment claim- service on bank’s quantity surveyor – whether agent of superintendent – whether valid payment schedules -   Building and Construction Industry Security of Payment Act 2002 ss 14, 15, 16 and 17
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