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Australia (Victoria) Cases
Click on a case to view.
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4th April 2014
Colonial Range Pty Ltd v Victorian Building Authority and Ors [2014] VSC 272Judicial 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...
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28th March 2014
Southon Constructions Pty Ltd v Forstar Pty Ltd [No. 2] [2014] VCC 349Practice 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)
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21st March 2014
Southon Constructions Pty Ltd v Forstar Pty Ltd [2014] VCC 306Practice 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
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13th December 2013
Mackie Pty Ltd v Counahan & Anor [2013] VSC 694Building 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
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17th October 2013
Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors [2013] VSC 552Building 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)
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15th October 2013
Sugar Australia Pty Ltd v Southern Ocean Pty Ltd & Anor [2013] VSC 535Practice 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
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21st August 2013
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [No. 3] [2013] VSC 435Arbitration – 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
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26th July 2013
Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2013] VSCA 179Contract - 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
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17th June 2013
Harkin v Renaissance Parquet Pty Ltd (Civil Claims) [2013] VCAT 1013Contract 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.
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10th May 2013
Maxstra Constructions Pty Ltd v Joseph Gilbert & Ors [2013] VSC 243Building 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.
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26th April 2013
Maxstra Constructions Pty Ltd v Active Crane Hire Pty Ltd [2013] VSC 177Administrative 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 178Damages - professional negligence – insurance broker - quantum
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14th December 2012
Adam Wood Group Pty Ltd v Procon Builders Pty Ltd [2012] VCC 2002Building 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 187Building 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 1335Contract - 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 1341Summons 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 290Unexecuted 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 309Building 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 235Building 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 307Building 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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27th March 2012
Fineline Building Projects Pty Ltd v Lexicom Constructions Pty Ltd [2012] VCC 308Building 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 556Building 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 189Building 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 2266Domestic 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 410Building 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 183Building 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 99Appeal – 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 619Building 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 340Building 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 300Building 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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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.
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10th September 2008
AC Hall Airconditioning Pty Ltd v Schiavello (Vic) Pty Ltd [2008] VCC 1169Building 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 1170Catchwords: 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 391CONTRACT – 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 336CONTRACT – 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 452BUILDING 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 425BUILDING 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 1830Building 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 1827Summary 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 237Summary Judgment Application Building and Construction Industry Security of Payment Act 2002, s.14 and s.16.
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16th February 2006Cooper Morrison Pty Ltd v Casa D'Abruzzo Club [2006] VCC 184
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15th November 2005Blueview Construction Pty Ltd (t/a WRS Constructions) v Vain Lodge Holdings Pty Ltd [2005] VCC 1325
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8th July 2005
Shelford Engineering and Construction Pty Ltd v Rescom Constructions Pty Ltd [2005] VCC 361Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, s.18, 26 and 27.
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18th February 2005
Belmadar Constructions Pty Ltd v Environmental Solutions International Pty Ltd ( rec & mgrs apptd) [2005] VSC 24Corporations - external administration - leave to proceed against company - proposed proceeding by unsecured creditor in order to obtain recovery from debtor of company - whether consistent with scheme of distribution of company assets. Building contract - claim by subcontractor for progress payment - contractor under external administration - judgment against contractor sought to enable recovery from principal. Corporations Act 2001 s. 444E Building and Construction Industries Security of Payment Act 2002 (Vic) Part 4
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15th February 2005
Domaine Homes (Vic) Pty Ltd v Ria Building Pty Ltd [2005] VCC 111Stay application pursuant to s.57(2) of the Domestic Building Contracts Act 1995 – alternative claims for damages for breach of contract and under the Building & Construction Industry Security of Payment Act 2002.
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16th December 2004
ADH Plant Hire Pty Ltd v Construct Co Pty Ltd [2004] VCC 53Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, S.9, S.14 and S.16
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3rd August 2004
A M D Formwork Pty Ltd v Yarraman Construction Group Pty Ltd [2004] VCC 17Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, S.14 and S.16.
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30th April 2004
Performance Builders (Vic) Pty Ltd v Southern Restaurants Vic Pty Ltd [2004] VCC 4Section 27 Building and Construction Industry Security of Payment Act 2002
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30th March 2004
Concrete Panel Co Prty Ltd (The) v Advanced Storage Systems (Vic) Pty Ltd [2004] VCC 2Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, s.16
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5th March 2004
Aquatec - Maxcom Pty Ltd v Minson Nacap Pty Ltd [2004] VSCA 18Building and Construction - Standard form of contract - Construction of clauses 42 and 44 of A.S.4303-1995 considered - Entitlement of sub-contractor to obtain judgment for unpaid progress claims.