Australia (Victoria) Cases

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  • 10th September 2008
    AC Hall Airconditioning Pty Ltd v Schiavello (Vic) Pty Ltd [2008] VCC 1169
    Building and Construction Industry Security of Payment Act 2002, s.16, 18 and 23 ­ was a valid election made under s.16? ­ Kell & Rigby Pty Ltd v Guardian International Properties Pty Ltd [2007] NSWSC 554 ­ JAR Developments Pty Ltd v Castlepex Pty Ltd [2007] NSWSC 737. ---
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  • 10th September 2008
    Glenrich Builders Pty Ltd v 1-5 Grantham Street Pty Ltd & 415 Brunswick Road Pty Ltd [2008] VCC 1170
    Catchwords: Domestic Building Contracts Act 1995, s.57 ­ stay application ­ does Act apply to owner-developer? ­ alternative claims under contract and under the Building and Construction Industry Security of Payment Act 2002. Summary judgment application ­ general conditions of contract AS 2124-1992 ­ Clause 42.1 ­ Novawest Contracting Pty Ltd v Taras Nominees Pty Ltd [1998] VSC 205 ­ whether applicable where no payment certificate issued by Superintendent. Building and Construction Industry Security of Payment Act 2002, s.14 and 15 ­ whether payment schedule provided.
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  • 12th October 2007
    Danidale Pty Ltd v Abigroup Contractors Pty Ltd [2007] VSC 391
    CONTRACT – Lump sum contract entered into after parties negotiated on rates basis – Whether cost of excavation of rock included in the lump sum – Assessment of value of work if no agreement on rate – Two conflicting results of survey of volume of soil stripped – Whether parties bound by results of principal’s surveyor – Other factual issues.
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  • 12th September 2007
    Van Ek Contracting Pty Ltd v Roads Corporation [2007] VSC 336
    CONTRACT – Non-payment of adjudicated amount determined under Building and Construction Industry Security of Payment Act 2002– Security given by defendant in accordance with s.25(4) of the Act - Whether contractual provision concerning mediation and arbitration meant that defendant had commenced a proceeding within the meaning of s.25(2) of the Act – Summary judgment application unsuccessful.
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  • 15th December 2006
    Christos Charisiou Building Group Pty Ltd v Geopec Pty Ltd [2006] VCC 1831
    --REASONS FOR JUDGMENT Catchwords: Summary Judgment Application ­ Building and Construction Industry Security of Payment Act 2002 ­ S.14 and S.15. --APPEARANCES: For the Plaintiff For the Defendant Counsel Mr J M Shaw Mr P Franzese Solicitors Brand Partners Franzese & Associates
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  • 29th November 2006
    Siemens Ltd v Vaughan Constructions Pty Ltd [2006] VSC 452
    BUILDING CONTRACTS – Claim for injunction to restrain enforcement of guarantee given under s.25(1)(b) of the Building and Construction Industry Security of Payment Act 2002 – Whether notice of dispute served on defendant commenced "other dispute resolution proceedings" under s.25(2) – Effect of notice being expressed to be "without prejudice" to rights under the contract and at law.
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  • 10th November 2006
    Abigroup Contractors Pty Ltd v River Street Developments Pty Ltd [2006] VSC 425
    BUILDING CONTRACT – Building and Construction Industry Security of Payment Act 2002 ss.9, 14, 15, 16 – Payment claim – Payment schedule – Whether service of payment claim on agent of Principal satisfied requirements of s.14(1) of the Act. PROCEDURE – Summary judgment application – Whether real question to be tried.
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  • 29th September 2006
    Brady Constructions Pty Ltd v Dominion Lifestyle Tower Apartment Pty Ltd [2006] VCC 1830
    Building and Construction Industry Security of Payment Act 2002, Sections 14, 15, 18, 25, 27 and 42 ­ Summary Judgment Application ­ Accord and satisfaction ­ Domestic Building Contracts Act 1995, Sections 54 and 57. --APPEARANCES: For the Plaintiff For the Defendant Counsel Mr A Schlicht Mr A Kincaid Solicitors Brendan J Archer Freehills
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  • 23rd June 2006
    Age Old Builders Pty Ltd v John Arvanitis and George Arvanitis [2006] VCC 1827
    Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, sections 4, 9, 11 and 16 - Nepean Engineering Pty Ltd v. Total Process Services Pty Ltd [2005] NSWCA 409 - Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1
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  • 10th March 2006
    Contrax Plumbing Victoria Pty Ltd v Golf Club Properties Ltd [2006] VCC 237
    Summary Judgment Application ­ Building and Construction Industry Security of Payment Act 2002, s.14 and s.16.
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