Australia (Victoria) Cases

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27th March 2012
Fineline Building Projects Pty Ltd v Lexicom Constructions Pty Ltd [2012] VCC 308

Building and Construction Industry - security of payment - summary judgment – payment claim - whether excluded amount - Building and Construction Industry Security of Payment Act 2002 ss 10B,14 and 16

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14th March 2012
Matic Plastering Pty Ltd v Milojevic [2012] VCC 556

Building and construction industry - security of payment – summary judgement – whether construction contract Building and Construction Industry Security of Payment Act 2002

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7th March 2012
Metro Partitions Pty Ltd v Ichor Constructions Pty Ltd [2012] VCC 189

Building and Construction Industry – security of payment – progress payment claims-final payment – summary judgment - Building and Construction Industry Security of Payment Act 2002 ss 10B, 14, 15 and 16

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5th December 2011
Broadform Constructions Pty Ltd v Majestic Builders Melbourne Pty Ltd (Domestic Building) [2001] VCAT 2266

Domestic building work – subcontract – work not done within a reasonable time – termination – repudiation – sub-contractor making claims under Building and Construction Industry Security of Payment Act 2002 after repudiation – refusal to pay by Builder – whether a letter of refusal by Builder a payment schedule – no adjudication sought – entitlement determined at VCAT hearing - amounts claimed not owed – credibility of witnesses – subcontractor destroying works following termination – assessment of value of work done

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29th August 2011
Director of Housing v Structx Pty Ltd t/a Bizibuilders and Anor [2011] VSC 410

Building Contracts – Building and Construction Industry Security of Payment Act 2002 (Vic) – Circumstances in which decisions of an adjudicator and review adjudicator are subject to judicial review – Section 7(2)(b) meaning of “in the business of building residences” – Whether valid payment schedule – Breach of the rule as to procedural fairness – Adjudication determination quashed. Administrative Law – Certiorari - Excess of Jurisdiction — Jurisdictional Error — Natural Justice - Kirk v Industrial Court (NSW) considered and applied – Adjudication determination quashed.

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6th May 2011
Seabay Properties Pty Ltd v Galvin Construction Pty Ltd [2011] VSC 183

Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudications conducted under Part 3 Division 2 of the Act – Whether non-claimable variations included in payment claim and adjudication determination – Whether severance of invalid part open - Whether inclusion of liquidated damages claimed by respondent in payment schedule and adjudication determination permitted - Whether inclusion of liquidated damages claimed by respondent within s. 10B(2) of the Act – Whether prematurely served payment claim and adjudication thereon valid – Whether Payment claim sufficiently identified the work done.

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8th April 2011
Pearl Hill Pty Ltd v Concorp Construction Group (Vic) Pty Ltd [2011] VSCA 99

Appeal – Construction contract – Payment claim made under s 14(1) of the Building and Construction Industry Security of Payment Act 2002 – No payment schedule served – County Court proceedings seeking judgment for payment claim – Summary judgment in favour of plaintiff – Stay of execution sought pending appeal – Whether leave to appeal required – Held: Leave to appeal required as judgment on payment claim does not finally dispose of the rights of the parties Costs – Notice of discontinuance of appeal –Appeal without merit – Indemnity costs ordered – Supreme Court (General Civil Procedure) Rules 2005 r64.14(4) applied.

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17th December 2010
Claude Neon Pty Ltd v Rhino Signmakers [2010] VSC 619

Building Contracts – Building and Construction Industry Security of Payment Act 2002 (Vic) - Decision of adjudicator challenged by Plaintiff – Type of work to be valued under the Act – Whether there was sufficient material before the adjudicator to undertake proper valuation of building works subject of payment claim – Proper material on which adjudicator should rely – Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd [2006] NSWSC 724 applied and followed – Plaintiff’s claim dismissed. Administrative Law – Judicial Review – Decisions of adjudicator and review of adjudicator appointed under Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether basic and essential requirement of the Act complied with - Plaintiff’s claim dismissed.

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6th August 2010
Asian Pacific Building Corporation v Aircon Duct Fabrication Pty & Ors [No 2] [2010] VSC 340

Building contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication determination made in part beyond jurisdiction – Adjudication determination declared void in part – Application to stay operation of valid part of adjudication determination on ground of alleged insolvency – Grosvenor Constructions (NSW) Pty Ltd (In Administration) v Musico and Ors [2004] NSWSC 344 considered – Costs of judicial review which was successful in setting aside one of two adjudication determinations.

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1st July 2010
Asian Pacific Building Corporation Pty Ltd v Aircon Duct Fabrication Pty Ltd & ors [2010] VSC 300

Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudications conducted under Part 3 Division 2 of the Act – Basic and essential requirement of a valid adjudication determination – Requirements to assess whether work done (or goods and services supplied) and to value the work done (or goods and services supplied) – Adjudication determinations failed to value the work done – Adjudication determinations made beyond jurisdiction – Adjudication determinations declared void.

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