Contract is King
Today the High Court delivered its first judgment in respect of the security of payment and adjudication regime (Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52). Two things come out of the decision: The existence of a ‘reference date’ is a jurisdictional precondition to making a payment […]
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 […]
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.
Alstom v Yokogawa (No. 7): Good Faith Et Al
There are some seminal decisions in the area of construction law that are remarkably pithy, but the decision of Justice Bleby in Alstom Ltd v Yokogawa Australia Pty Ltd (No 7) [2012] SASC 49, in which judgment was delivered on 2 April 2012, is not one of them. The judgment runs to 461 pages, and […]
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 […]
Disputes Deferred Under West Coast Model
The Supreme Court of the Northern Territory has declined to follow a string of Western Australian decisions as to the interpretation of Section 8(a) of the Construction Contracts (Security of Payments) Act (NT), which is in very similar terms to Section 6(a) of the Construction Contracts Act 2004 (WA). The Section provides that a Payment […]
Workers Lien Maintained
The South Australian District Court has refused to strike out a lien registered under the Workers Liens Act 1893 (SA) in the case of Ian Wood Homes v Langsforde. In his reasons for his decision, Master Norman noted that the application was brought following a termination of the contracts as a result of repudiatory breach […]
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