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Re Futre Developments Pty Ltd
[2014] NSWSC 1712
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…
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Mackie Pty Ltd v Counahan
[2013] VSC 694
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…
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Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors
[2013] VSC 552
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…
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Lubura v Nezirevic
[2013] VSCA 215
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…
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Deputy Commissioner of Taxation v Manta's on the Beach Pty Ltd
[2012] FCA 417
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…
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Gavin Boyle Constructions Pty Ltd v Fabrok Pty Ltd
[2011] QDC 214
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.…
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Seabay Properties Pty Ltd v Galvin Construction Pty Ltd
[2011] VSC 183
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…
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Gantley Pty Ltd v Phoenix International Group Pty Ltd
[2010] VSC 106
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…
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Parkview Qld Pty Ltd v Fortia Funds Management Ltd
[2009] NSWSC 1065
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].…
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Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd & Anor
[2009] VSC 156
…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…
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Protectavale Pty Ltd v K2K Pty Ltd
[2008] FCA 1248
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…
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Scope Data Systems Pty Ltd v Goman
[2007] NSWSC 278
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…
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French v Triple M Melbourne Pty Ltd
[2006] VSC 36
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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Multiplex Constructions Pty Ltd v Luikens
[2003] NSWSC 1140
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].…
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Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd
[2002] NSWCA 136
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…
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Queensland v JL holdings Pty Ltd
[1997] HCA 1
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.…
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RT Co Pty Ltd v Minister for the Interior
[1957] HCA 39
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…
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Miles v Sydney Meat-Preserving Company (Limited)
[1912] HCA 87
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…
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Anlaby v Praetorius
(1888) 20 QBD 764
Para 5
…l v Scotson (1853) 23 LJ Ex 85; and c.a judgment entered before the time the plaintiff is entitled to enter it will be set aside: Anlaby v Praetorius (1888) 20 QBD 764.…
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Balkin v Peck
109 ER 826
Para 5
…terior (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 of whether the defendant has a defence on the merits: Hall v Scotson (1853) 23 LJ Ex 85; and c.a judgment entered before the time the p…
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Cash v Wells
(1830) 109 ER 826
Para 5
…T 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 of whether the defendant has a defence on the merits: Hall v Scotson (1853) 23 LJ Ex 85; and c.a judgment ente…