Energetech Australia Pty Ltd v Sides Engineering Pty Ltd
[2005] NSWSC 1143
Citation 1
…s not challenged by payment schedules and paid – challenged in later payment schedules – Energetech Australia Pty Ltd v Sides Engineering Pty Ltd (2005) 226 ALR 362.…
Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd
[2005] NSWSC 362
Citation 2
(Para 13)
…pbell J stated: “I agree, with respect, with the remarks of McDougall J in Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd [2005] NSWSC 362 ( Earth Tech ) at [13] that: ‘[13] … the legislature has made it quite clear that it is adjudicators under the Act who are the primary organs for the r…
Brodyn Pty Ltd v Davenport
[2004] NSWCA 394
Citation 3
…aim are on account only and subject to challenge at a later stage. S.3(4)(a) and s.47 of the Act support this view. In Brodyn Pty Ltd v Davenport [2004] NSWCA 394, at paragraph 51, Hodgson JA stated: “… The payments themselves are only payments on account of a liability that will be finally determined otherwise. …”…
Multiplex Constructions Pty Ltd v Luikens
[2003] NSWSC 1140
Citation 4
…n enforcement of the determination. The whole scheme of the Act including, as Palmer J said in Multiplex Constructions Pty Ltd v Luikens & Anor [2003] NSWSC 1140, is one of ‘pay now, argue later’. It is clear from the provisions of s 32 of the Act that the time for final adjustment of rights and remedies is later.’”…