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Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd

Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd

Case [2017] VCC 495

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AGLC: Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495
Case: [2017] VCC 495
Decision Date: 3 May 2017

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Citations

Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495

Most Recent Citation

Maxcon Constructions Pty Ltd v Ily Australia Pty Ltd [2017] VCC 1382

Cases Citing This Decision

Piastrino v Seascape Constructions Pty Ltd [2022] VSC 202
Citation 1 (Para 1)

…titute the carrying on of a business.[143] [142]Transcript, 165. [143]Transcript, 168; Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495, [27] and also to Maxcon Constructions Pty Ltd v Ily Australia Pty Ltd [2017] VCC 1382 (Burchell JR), [24] and [27].…
Saath Pty Ltd v Seascape Constructions Pty Ltd [2021] VSC 358
Citation 2 (Para 4)

…, [32] (Vickery J). [20] Structx (n 19) [37] (Vickery J). [21] Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495, [27] (Anderson J), quoted in Golets (n 17) [40] (Vickery J). [22] Golets (n 17) [33] (Vickery J). [23]Ibid [37] (Vickery J), quoting United Dominions Corp Ltd v Brian Pty Ltd (…
Ian Street Developer Pty Ltd v Arrow International Pty Ltd [2018] VSC 14
Citation 3

…r in the past or at any one time, or as contemplated for the future’;[90] and [90] Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495 [27] (Judge Anderson); cited with approval in Golets v Southbourne Homes [2017] VSC 705 [38]–[41] (Vickery J).…
Golets v Southbourne Homes & Anor [2017] VSC 705
Citation 4 (Para 1)

…ered into a domestic building contract for the construction of 12 apartments on the Bellfield property, which was subject to finance. [12][2017] VCC 495.…
Bway v Pasiopoulos [2019] VCC 691
Citation 5 (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…
Maxcon Constructions Pty Ltd v Ily Australia Pty Ltd [2017] VCC 1382
Citation 6 (Para 1)

…Judge Anderson’s decision in Promax Building Developments Pty Ltd v PCarol & Co Pty Ltd [2017] VCC 495 provides guidance on the application of Justice Vickery’s decision in the Director of Housing v Strutx as to when a building owner is “ in the business of building residences ” for the purposes of section 7(2)(b…

Cases Cited

Statutory Material Cited

Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248
Citation 1 (Para 12)

…ounsel agreed that the applicable principles to determine the issue were those stated by Finkelstein J in Protectavale Pty Ltd v. K2K Pty Ltd [2008] FCA 1248 at [12] and by Vickery J in Gantley Pty Ltd v. Phoenix International Group Pty Ltd [2010] VSC 106 at [51]. 9PCarol’s counsel, Mr Wilkinson submitted that the…
Vinson v Neerim Properties Developments Pty Ltd [2016] VSC 321
Citation 2

…of Housing of State of Victoria v. Structx Pty Ltd [2011] VSC 410 (“ Structx ”) and Vinson v. Neerim Properties Developments Pty Ltd [2016] VSC 321 (“ Vinson ”). 18In Structx , Vickery J considered whether the Director of Housing was involved “ in the business of building residences ”. At [28], Vickery J said th…
Director of Housing v Structx Pty Ltd T/As Bizibuilders [2011] VSC 410
Citation 3

…ust in “ the business of building residences ” – section 7(2)(b) of the Act – Director of Housing (Victoria) v. Structx Pty Ltd [2011] VSC 410 (Vickery J) applied.…
Gantley Pty Ltd v Phoenix International Group Pty Ltd [2010] VSC 106
Citation 4 (Para 51)

…n J in Protectavale Pty Ltd v. K2K Pty Ltd [2008] FCA 1248 at [12] and by Vickery J in Gantley Pty Ltd v. Phoenix International Group Pty Ltd [2010] VSC 106 at [51]. 9PCarol’s counsel, Mr Wilkinson submitted that the list of items in the schedule contained “ vague and overly general entries, the key feature of wh…

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