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Australia (Victoria) Cases
Click on a case to view.
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17th May 2010
Metacorp Pty Ltd v Andeco Construction Group Pty Ltd [2010] VSC 199Building Contracts- Building and Construction Industry Security of Payment Act 2002 (Vic.) – Progress claim under s. 14 of the Act – Whether basic and essential requirements of the Act met – Jurisdictional error - Jurisdiction of an adjudication application made under the Act – Service of payment claim on person liable to make the payment – Whether service on superintendent sufficient – Whether service by email sufficient – Whether payment due under construction contract – Natural justice in respect of an adjudication under the Act – Principles of natural justice to be applied – Failure of adjudicator to permit respondent to the application to comment on material submissions put by the other party – Finding of breach of the rules of natural justice.
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31st March 2010
Gantley Pty Ltd v Phoenix International Group [2010] VSC 106Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Progress claim under s.14 of the Act as it was prior to the operation of Act No. 42 of 2006 – Requirement to identify work in progress claim under s.14 of the Act – Degree of specificity in identification of work required - Consequences of non-compliance with identification requirement – Severance of part of payment claim open – Considerations in applying severance – Consequences of invalidity of payment claim – Test for jurisdictional error in adjudicator’s determination – Whether service of progress claim under the Act after termination of construction contract permitted – Circumstances in which progress claim may be served after construction contract terminated – Whether final payment claims permitted to be made under...
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16th December 2009
Brady Constructions Pty Ltd v Everest Projects Developments [2009] VSC 622Civil – Appeal from Victorian Civil and Administrative Tribunal decision – Application for injunction restraining respondent from presenting a bank guarantee refused - Tribunal found a serious issue to be tried – Tribunal not satisfied that the balance of convenience favoured grant of injunction - Serious risk the respondent would not be able to repay the bank guarantee or any part thereof if required to do so in future – The Tribunal failed to have regard to critical material considerations affecting the real prospect of a risk of injustice – Matter remitted for further hearing by a differently constituted division of the Tribunal - Bradto Pty Ltd v State of Victoria [2006] VSCA 89; (2006) 15 VR 65 - Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 - Building and Construction Industry Security of Payment Act 2002 - Appeals Costs Act 1998 s 4.
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11th December 2009
Phoenix International Group Pty Ltd v Resources Combined No 2 Pty Ltd & Ors [2009] VSCA 309Building and Construction Law - Construction contracts entered into before 30 March 2007 - Adjudication of payment claims - Consequences of non-compliance with adjudicator's decision - Attempt to recover adjudicated amount - Attempt to challenge on ground that adjudication null and void - Whether claimant entitled to judgment nevertheless - Judge refused to enter judgment - Application for leave to appeal from that refusal - Leave to appeal refused - Building and Construction Industry Security of Payment Act 2002, ss.25 and 27.
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8th October 2009
Phoenix International Group Pty Ltd v Resources Combined No. 2 Pty Ltd & Ors (No 2) [2009] VSC 459Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic.) (in its unamended form) - Application for judgment pursuant to s. 27 – Procedure to be followed – Application for summary judgment – Order 22 Supreme Court (General Civil Procedure) Rules 2005 applied Practice and Procedure - Building and Construction Industry Security of Payment Act 2002 - (Vic.) (in its unamended form) - Application for judgment pursuant to s. 27 – Procedure to be followed – Application for summary judgment – Order 22 Supreme Court (General Civil Procedure) Rules 2005 applied
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25th September 2009
Phoenix International Group Pty Ltd v Resources Combined No. 2 Pty Ltd [2009] VSC 425Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic.) – Entry of judgment under s.27 of the Act as it was prior to the operation of Act No. 42 of 2006 – Recovery from the respondent of adjudicated amount as a debt due to the claimant in any court of competent jurisdiction – Form of the proceeding – Originating motion in Form 5C on notice to respondent appropriate – Order for entry of judgment by Associate Judge – Entry of judgment under s.28R of the Act after commencement of Act No. 42 of 2006 - Originating motion in Form 5D appropriate – Order for entry of judgment by Associate Judge ex parte
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25th September 2009
Grocon Constructors v Planit Cocciardi Joint Venture (No. 2) [2009] VSC 426Building 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 - Brodyn Pty Ltd v Davenport [2004] NSWCA 394 considered and not followed in part.
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27th July 2009
Grocon Constructors Pty Ltd v Planit Cocciardi Joint Venture [2009] VSC 339Injunction - Building and Construction Industry Security of Payment Act 2002 – balance of convenience pending hearing of application for judicial review.
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24th April 2009
Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd and Anor [2009] VSC 156Building and Construction – Building and Construction Industry Security of Payment Act 2002 (Vic) – object and purpose of the Act - payment claim - whether application lodged within time with the nominating authority in accordance with s.18 of the Act - whether payment claim in accordance with s.14 of the Act - Brodyn Pty Ltd v Davenport [2004] NSWCA 394 not followed in part, applied in part – whether alleged deficiencies in procedure essential pre-conditions to jurisdiction - whether matters for the adjudicator to decide -whether adjudicator’s determination void.
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18th November 2008
1-5 Grantham Street Pty Ltd & 415 Brunswick Road Pty Ltd v Glenrich Builders Pty Ltd [2008] VSCA 228STAY - Whether appeal sufficiently arguable - Whether special or exceptional circumstances - Stay granted on terms. SECURITY FOR COSTS - Uncertainty about appellants’ financial position - Conduct of appellants considered - Security ordered.