Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd
[2016] HCA 52
Citation 1
(Para 4)
…reference date is a precondition to the making of a valid payment claim: Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd (2016) 260 CLR 340 at [61]-[62].…
Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd
[2015] NSWSC 864
Citation 2
(Para 26)
…for example, NC Refractories Pty Ltd v Consultant Bricklaying Pty Ltd [2013] NSWSC 842, Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864 and Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as In City Steel [2015] NSWSC 343.…
Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as in City Steel
[2015] NSWSC 343
Citation 3
(Para 26)
…Pty Ltd v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864 and Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as In City Steel [2015] NSWSC 343.…
Kitchen Xchange v Formacon Building Services
[2014] NSWSC 1602
Citation 4
(Para 1)
…In Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602, McDougall J dealt with a second payment claim being served for the same reference date following negotiations, where no submission was made that the second payment was in breach of s13(5) of the Building and Construction Industry Security Payment Act…
NC Refractories Pty Ltd v Consultant Bricklaying Pty Ltd
[2013] NSWSC 842
Citation 5
(Para 26)
…of another, or where no issue has been taken as to validity of withdrawal. See, for example, NC Refractories Pty Ltd v Consultant Bricklaying Pty Ltd [2013] NSWSC 842, Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864 and Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as I…
The Trustees of the Roman Catholic Church for the Diocese of Lismore v T F Woollam and Son
[2012] NSWSC 1559
Citation 6
(Para 1)
…e statutory regime of the Act [22] I came to the same conclusion in Trustees of Roman Catholic Church for Diocese of Lismore v TF Woollam & Son [2012] NSWSC 1559. Although the reasoning extends over a number of paragraphs, the conclusion that I reached, stated at [49], was founded on what Allsop P had said in Dualco…
Dualcorp Pty Ltd v Remo Constructions Pty Ltd
[2009] NSWCA 69
Citation 7
(Para 14)
…ing more than one payment claim in respect of the same reference date is that the second claim is void: Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 at [14]; Commercial & Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd [2015] VSC 426 at [95] and [97].…
Valeo Construction v Pentas
[2018] VSC 243
Citation 8
(Para 15)
…ion to the issue of whether the plaintiff could unilaterally withdraw the July claim thus making the October claim valid: Valeo Construction v Pentas [2018] VSC 243. The plaintiff submitted that it was authority for the principle that a claim could be withdrawn.…
Melbourne Steel Erectors v M&I Samaras
[2017] VSC 308
Citation 9
(Para 24)
…In Melbourne Steel Erectors v M & I Samaras [2017] VSC 308, Digby J considered an application for judicial review of an adjudication determination. The plaintiff, MSE, submitted a Progress Payment Claim No 21 dated 20 October 2016. On 1 December 2016, MSE submitted a second payment claim using the same reference…
Commercial Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd
[2015] VSC 426
Citation 10
(Para 14)
…ty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 at [14]; Commercial & Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd [2015] VSC 426 at [95] and [97].…
Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors
[2013] VSC 552
Citation 11
(Para 2)
…ted by an expeditious and efficient means for enforcement of those rights’: Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors [2013] VSC 552, per Vickery J at [46].…