Construction

Singh v A1 Home Builders Pty Ltd NSWSC 1521 What happens if a claimant has misspelled the respondent’s email address in the adjudication application form? The result is that the respondent will not have received any notice of the adjudicator’s appointment, giving rise to a jurisdictional issue that can render…

SE Ware Street Dev Pty Ltd v Kwik Flo Pty Ltd NSWSC 1060 Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), an adjudicator’s determination that he has no jurisdiction to decide on a payment claim is still a determination made under the Act. The recent…

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed)  NSWCA 161 has clarified a clause in a contract which says service of a document after a certain time of day (usually 4pm or 5pm) is deemed to occur on the next business…

Manariti Plumbing Pty Ltd v Universal Property Group Pty Ltd NSWCA 135 is a recent NSW Court of Appeal decision which effectively ends arguments against summary judgment applications under the Building and Construction Industry Security of Payment Act 1999 NSW (SOPA) when no payment schedule has been provided. As long…

Hynash Constructions Pty Ltd v BRP Industries Pty Ltd NSWCA 14 This case concerns whether Hynash Constructions Pty Ltd (Hynash) is entitled to apply a set-off against a “statutory debt” under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) when it failed to provide a payment…

In Fredon Infrastructure Pty Ltd (Fredon) v Hitachi Rail GTS Australia Pty Ltd (Hitachi) NSWSC 1244, oral representations were made on who can receive a payment claim.  Those representations were held to constitute a conferring of apparent authority under a contract. Background Contract Fredon, an electrical subcontractor, initially entered into…