Romeo v TQM Design and Construct Pty Limited [2013] NSWCA 72
When parties to a construction contract fall into dispute, and settle those disputes by means of a deed of settlement, is that deed of settlement a construction contract which can found a payment claim under the Security of Payment legislation? In this case the settlement deed proved for an initial payment, and then payment of […]
Romaldi v AIL
Update: This decision was overturned on appeal to the Supreme Court. See Adelaide Interior Linings Pty Ltd v Romaldi Constructions Pty Ltd [2013] SASC 110. In a surprising decision, the South Australian District Court has given judgment in Romaldi v Adelaide Interior Linings [2013] SADC 39, granting an injunction restraining the enforcement of an adjudicator’s […]
Building Work Contractor’s Act 1995 – Magistrates Court Jurisdiction Threshold
The Magistrates Court in South Australia has a special jurisdiction under the Building Work Contractor’s Act 1995 not only to order compensation against a builder, but also to require a defaulting builder under a Domestic Building Work Contract to perform remedial work. The conventional wisdom at common law is that injunctions are not granted requiring builders […]
First Tier Rating again from Doyle’s Guide
Doyle’s Guide is the leading independent guide top law firm in Australia, and its new listings are out. Unlike some other legal guides, Doyle’s does not allow firms to buy entries, and is thus a rather more reliable guide to who is who in the legal world. Fenwick Elliott Grace is again named as one […]
Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Anor [2012] QCA 276
The Court of Appeal in Queensland has dismissed an appeal against a first instance finding that the adjudicator did have jurisdiction to decide that work was “construction work” within the meaning of the legislation.
Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234
One of the several means available to challenge an adjudicator’s determination is to seek an injunction to restrain the claimant from filing an ANA’S certificate in any court. The test here is slightly different from one of the alternatives, such as seeking a declaration that the determination is void. To obtain an interim injunction, the plaintiff merely […]
New South Wales Land and Housing v Clarendon Homes [2012] NSWSC 333
A decision of an adjudicator survived challenge on a number of grounds. Of particular interest is ground 2: the adjudicator awarded some 20% more than was being claimed. However, McDougall J found that this error was not fatal because it was the sort of error that was amenable of correction under section 22(5) of the […]
Professional Body ANAs in South Australia
The first professional body authorised to nominate Adjudicators has been announced; the Institute of Arbitrators & Mediators Australia (IAMA) has now been authorised as an ANA under the Building and Construction Industry Security of Payment Act 2009 (SA), which came into force in December 2011. The IAMA panel of Adjudicators includes Fenwick Elliott Grace partner […]
Cardinal v Hanave – a split decision from the NSW Court of Appeal
The NSW Court of Appeal has delivered judgment (16th December 2011) in this case. The first adjudication was by Philip Davenport. As with several others of his decisions in other cases, this one was declared void and of no effect in August 2010. The claimant then sough to excercise his right to make a new […]
Birdon v Houben Marine
Birdon Pty Ltd v Houben Marine Pty Ltd (No 2) [2011] FCA 1313 The avenues available for a party who wishes to stop or quash a adjudication continue to expand. In this case, the Federal Court granted an injunction under s 234 of the Australian Consumer Law restraining an adjudication before Philip Davenport on […]
