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Geotech Pty Ltd v Premier Developments Pty Ltd

Geotech Pty Ltd v Premier Developments Pty Ltd

Case [2017] VCC 874

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AGLC: Geotech Pty Ltd v Premier Developments Pty Ltd [2017] VCC 874
Case: [2017] VCC 874
Decision Date: 30 June 2017

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Citations

Geotech Pty Ltd v Premier Developments Pty Ltd [2017] VCC 874

Most Recent Citation

Prime Capital Securities v El Hawli [2024] VCC 162

Cases Citing This Decision

Kuksal v Lumi Finance Pty Ltd [2021] NSWSC 1430
Citation 1 (Para 109)

…Mr Kuksal made reference to Bruce v Odhams Press Ltd [1935] 1 KB 697 and Geotech Pty Ltd v Premier Developments Pty Ltd [2017] VCC 874 (“ Geotech ”), though it was not especially clear which passages in particular Mr Kuksal wished to rely upon. In the copy of the Geotech judgment which Mr Kuksal submitted on the…
Prime Capital Securities v Khaled El Hawli [2024] VCC 162
Citation 2

…] VSC 244; Microscience (International) Pty Ltd v Total Peripherals Pty Ltd [1998] VSC 50; Geotech Pty Ltd v Premier Developments Pty Ltd [2017] VCC 874; Hogg v J Isherwood-Kicks (1992) 108 FLR 263; Miles v Sydney Meatpreserving Co (Ltd) [1912] 16 CLR 50; French v Triple M Melbourne Pty Ltd [2006] VSC 36; Kostaka…

Cases Cited

Statutory Material Cited

Re Futre Developments Pty Ltd [2014] NSWSC 1712
Citation 1 (Para 4)

…esent case from the standard of “ ordinary course of post ” because of the use of the express post system. However, Re Futre Developments Pty Ltd [2014] NSWSC 1712 per Justice Robb relied on the equivalent provisions of s 49 of the Interpretation of Legislation Act and s 160 of the Evidence Act 2008 (Vic) in the con…
Lubura v Nezirevic [2013] VSCA 215
Citation 2 (Para 8)

…In the decision of the Court of Appeal in Lubura v Nezirevi [2013] VSCA 215 at [3] Warren CJ described the test for setting aside a default judgment as follows: “ The test for setting aside a default judgment is set out in Kostakanellis v Allen where the Full Court held that a court should assess: · Whether there…
Deputy Commissioner of Taxation v Manta's on the Beach Pty Ltd [2012] FCA 417
Citation 3 (Para 9)

…e of delivery. The best evidence of delivery is by hand to the registered office. In Deputy Commissioner of Taxation v Manta’s on the Beach Pty Ltd [2012] FCA 417, Justice Logan did not set a high bar for a Court to infer that a document had not been delivered from evidence that it was not received. Non-delivery…
Gavin Boyle Constructions Pty Ltd v Fabrok Pty Ltd [2011] QDC 214
Citation 4 (Para 13)

…obligations including a requirement to resolve disputes justly, quickly and efficiently: see Gavin Boyle Constructions Pty Ltd v Fabrok Pty Ltd [2011] QDC 214, referring to section 5 of the Queensland Uniform Civil Procedure Rules which echo the Civil Procedure Act: [14], [32]-[33] per McGill J.…
Skinner and Cluny (No. 3) [2011] FamCA 723
Citation 5 (Para 14)

…e outcome. As the High Court made clear in Queensland v J L Holdings Pty Ltd “… the ultimate aim of a Court is the attainment of justice…”: (1997) 189 CLR 146 at 154 per Dawson, Gaudron and McHugh JJ.…
Parkview Qld Pty Ltd v Fortia Funds Management Ltd [2009] NSWSC 1065
Citation 6 (Para 6)

…laims includes annexures of variation reports. No variation report is attached to the final claim: Parkview Qld Pty Ltd v Fortia Funds Management Ltd [2009] NSWSC 1065 at [38].…
Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248
Citation 7 (Para 8)

…ify the work: Hawkins Constructions (Aust) Pty Ltd v Mac’s Industrial Pipework Pty Ltd [2002] NSWCA 136 at [20]; Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 at [10]-[15]. The plaintiff claims that the defendant should have been able to piece together the last payment claim variation report schedule with the…
Scope Data Systems Pty Ltd v Goman [2007] NSWSC 278
Citation 8 (Para 3)

…In Scope Data Systems Pty Ltd v David Goman as Representative of the Partnership BDO Nelson Parkhill [2007] NSWSC 278 Justice White found at [38]: “ … If the evidence establishes the time at which the article is delivered to the postal address, then that is the time at which service is taken to be effected. If the…
Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140
Citation 9 (Para 1)

…ties. In essence, a party liable to make a progress payment is compelled to “ pay now, argue later ”: Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 at [96].…
Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd [2002] NSWCA 136
Citation 10 (Para 8)

…s and exchanges of information, would have been able to identify the work: Hawkins Constructions (Aust) Pty Ltd v Mac’s Industrial Pipework Pty Ltd [2002] NSWCA 136 at [20]; Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 at [10]-[15]. The plaintiff claims that the defendant should have been able to piece togeth…
RT Co Pty Ltd v Minister for the Interior [1957] HCA 39
Citation 11 (Para 5)

…respect of irregular judgments, being: a.an irregular judgment ought not to be on the records of the court: RT Co Pty Ltd v Minister for the Interior (1957) 98 CLR 168 at 170; b.if a judgment in default is irregular, it will be set aside ex debito justitiae: Cash v Wells (1830) 1 B & Ad 375; 109 ER 826; irrespective…
Miles v Sydney Meat-Preserving Company (Limited) [1912] HCA 87
Citation 12 (Para 12)

…tatives filed a notice of appearance, on its calculation, one day prior to the expiry date. I note in Miles v Sydney Meatpreserving Co (Ltd) [1912] 16 CLR 50, the High Court said: “ A solicitor is bound to do all he can to win his client’s cause — yet he (sic) is not bound to resort to unfair means, or sharp…
Mackie Pty Ltd v Counahan [2013] VSC 694
Citation 13 (Para 5)

…ave been done, the value of the claim for the category of the work and the total of the invoice was upheld. See also Mackie Pty Ltd v Counahan & Anor [2013] VSC 694 at [65]-[68], [7]0-[71] and [74]-[75] per Vickery J in relation to description requirements for final payment claims, being a statement (express or i…
Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors [2013] VSC 552
Citation 14 (Para 2)

…Justice Vickery in Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors [2013] VSC 552 at [73] observed that given the Act “ gives very valuable, and commercially important advantages to builders … the availability of rights conferred by the Act are governed by, and depend upon, the observance of…
Seabay Properties Pty Ltd v Galvin Construction Pty Ltd [2011] VSC 183
Citation 15 (Para 5)

…In Seabay Properties Pty Ltd v Galvin Constructions Pty Ltd [2011] VSC 183 at [148], the validity of a payment claim containing information of a description of the work undertaken, the portion of the contract sum applicable to that work, the amount previously certified in relation to the work, the percentage of w…
Gantley Pty Ltd v Phoenix International Group Pty Ltd [2010] VSC 106
Citation 16 (Para 3)

…isputing it. Second, to define the issues in dispute if the matter is adjudicated. Vickery J in Gantley Pty Ltd v Phoenix International Group Pty Ltd [2010] VSC 106 at [49] and [51] said that this need not be “ an overly exacting exercise ” or involve “ an artificial degree of precision or particularity ”. Instea…
Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd & Anor [2009] VSC 156
Citation 17

…Gavin Boyle Constructions Pty Ltd v Fabrok Pty Ltd [2011] QDC 214, Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd & Anor [2009] VSC 156, Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140, Gantley Pty Ltd v Phoenix International Group Pty Ltd [2010] VSC 106, Seabay Properties Pty Ltd v Galvin Co…
French v Triple M Melbourne Pty Ltd [2006] VSC 36
Citation 18 (Para 13)

…Distributors Pty Ltd v Whebell [1969] Qd R 86, St George Bank Ltd v O’Reilly BC9900881 (17 March 1999) and French v Triple M Melbourne Pty Ltd [2006] VSC 36. However, I note that postdating all of these cases, the Civil Procedure Act 2010 (Vic) requires compliance with certain overarching obligations including…

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