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Bway v Pasiopoulos

Bway v Pasiopoulos

Case [2019] VCC 691

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AGLC: Bway v Pasiopoulos [2019] VCC 691
Case: [2019] VCC 691
Decision Date: 22 May 2019

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Citations

Bway v Pasiopoulos [2019] VCC 691

Most Recent Citation

Saath Pty Ltd v Seascape Constructions Pty Ltd [2021] VSC 358

Cases Citing This Decision

Saath Pty Ltd v Seascape Constructions Pty Ltd [2021] VSC 358
Citation 1 (Para 2)

…ether the exemption in s 7(2)(b) of the SOP Act applies must be assessed at the date the contract was entered into.[18] [18] BWay Group v Pasiopolous [2019] VCC 691, [26]–[29] (Marks J) ( Bway ).…

Cases Cited

Statutory Material Cited

Cardona v Brown [2012] VSCA 174
Citation 1 (Para 4)

…The failure to add to the deck and pergola at frame stage was a failure borne of impracticality. In Cardona v Brown [2012] VSCA 174 at [74] Tate JA (Bongiorno and Osborn JJA agreeing) stated that trivial failures or failures borne of impracticalities do not preclude effective or satisfactory completion: It is nece…
Ian Street Developer Pty Ltd v Arrow International Pty Ltd [2018] VSC 14
Citation 2 (Para 9)

…In Ian Street Developer Pty Ltd v Arrow International Pty Ltd [2018] VSC 14, Riordan J held at [102] that the land owner in that case was in the business of building residences. Among the grounds cited, his Honour considered it relevant that the owner was incorporated as a special purpose vehicle with the sole p…
Golets v Southbourne Homes & Anor [2017] VSC 705
Citation 3 (Para 4)

…Golets v Southbourne Homes & Anor [2017] VSC 705 involved the construction of two three-storey townhouses for the owner, Dr Golets. Vickery J said (at [34]) the indicia his Honour had set out in Structx should be seen as: an aid or guide to the application of the statutory exception, rather than be seen as a pres…
Director of Housing v Structx Pty Ltd T/As Bizibuilders [2011] VSC 410
Citation 4 (Para 2)

…In Director of Housing v Structx Pty Ltd T/as Bizibuilders and Anor [2011] VSC 410, in concluding that the Director of Housing was not in the business of building residences, Vickery J held (at [28]) that the expression ‘in the business of building residences’: connotes the construction of dwelling houses as a co…
SJ Higgins v The Bays Healthcare Group Inc [2018] VCC 805
Citation 5 (Para 4)

…t on the debt are those that undermine the statutory pre-requisites set out in s14 and s15 of the Act: see SJ Higgins v The Bays Healthcare Group Inc [2018] VCC 805 at [28], [29].…
3D Flow Solutions Pty Ltd v LTP Armstrong Creek Pty Ltd [2018] VCC 674
Citation 6 (Para 2)

…ptly recover progress payments in certain circumstances. That regime is helpfully detailed in 3D Flow Solutions Pty Ltd v LTP Armstrong Creek Pty Ltd [2018] VCC 674 at [32]-[35].…
Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495
Citation 7 (Para 7)

…In Promax Building Developments Pty Ltd v. PCarol & Co Pty Ltd [2017] VCC 495, Anderson J held at [27] that the determination of the question of whether someone is in the business of building residences: does not depend on the scale of the business, the success of the business, the number of projects undertaken e…

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