Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.
- Parsons Brickerhoff Australia Pty Ltd v Downer EDI Works Pty Ltd  NSWSC 1295 New South Wales Supreme Court 12 November 2010
Downer EDI Works Pty Ltd (“the Defendant”) engaged Parsons Brickerhoff Australia Pty Ltd (“the Plaintiff”) on a sub-consultancy basis to provide design consultancy services in relation to an upgrade of a passenger rolling stock production facility in New South Wales.
- Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors  NSWSC976
- Haissam Assafiri v The Shell Company of Australia  NSWSC 93017 May 2010 18 August 2010
Haissam Assafiri (“the Plaintiff”) issued proceedings against The Shell Company of Australia (“the Defendant”) on the basis over a dispute between the parties as to the extent and quality of the work which had been performed.
- Watpac Constructions v Austin Corp
Austin Corp (“Austin”) was contracted by Watpac Constructions (“Watpac”) to undertake certain construction work including air-conditioning and mechanical services for a development in Camperdown.
- Kirk v Industrial Relations Commission
An employee of Kirk Group Holdings Pty Ltd (“Kirk”) was involved in a fatal farming accident, when the all terrain vehicle which he was driving rolled down a hill. Kirk was the owner of the farm, but took no active role in its operations.
- 2144 Broke Road v ACN 062 859 358
2144 Broke Road (“the Plaintiff”) wanted to develop land in Pokolbin to construct a wine cellar door and associated buildings. The Plaintiff entered into a contract with ACN 062 859 358 (“the Defendant”) whereby the Defendant was to undertake construction work for the Plaintiff.
- Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors
- ABACUS V DAVENPORT & ORS  NSWSC 1027
Abacus engaged Renascent to carry out refurbishment of Abacus’ premises at 109 Pitt Street, Sydney. Renascent served on Abacus a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (‘the Act’) for $1,750,844.48. Abacus responded with a Payment Schedule under the Act and was accompanied with a progress certificate from the Architect approving $372,038.32. Abacus proposed to pay that approved amount.
- ABACUS FUNDS MANAGEMENT LTD V DAVENPORT & 2 ORS  NSWSC 935
Abacus Funds Management Ltd (‘Abacus’) engaged a contractor to carry out construction work on its premises. The contractor lodged a progress claim under the Building and Construction Industry Security of Payment Act 1999 (‘the Act’). Abacus lodged a payment schedule in accordance with the Act and the matter proceeded to adjudication. Davenport was appointed to determine the adjudication
- ABACUS AUSTRALIA LTD V BRADSTOCK G I S PTY LTD  VSC 111
On 24 March 1998, the Court ordered by interim injunction that Bradstock be restrained from using confidential information it had received from Abacus. The Court also ordered that Bradstock provide discovery of documents relating to insurance polices received or created by Bradstock.
- ABACUS V DAVENPORT & ORS  NSWSC 977
The plaintiff (“Abacus”) engaged the second defendant (“Renascent”) to carry out refurbishment of Abacus’ premises. Renascent served on Abacus a payment claim made pursuant to Section 13 of the Building and Construction Industry Security of Payment Act 1999 (“the Act”). A payment schedule was issued.
- ABB POWER GENERATION LTD V CHAPPLE & ORS  WASCA 412
ABB Power Generation Ltd (‘ABB’) was engaged to supply a piece of industrial equipment known as an “electrostatic precipitator”. ABB entered into a subcontract with CIS to clad the precipitator with insulating lagging. CIS in turn engaged a business, Freemantle Scaffolding, carried on by Mr Chapple (‘Chapple’), to erect scaffolding around the precipitator so as to enable CIS to install the lagging. Chapple had no contractual relationship with ABB. ABB later notified Chapple that it wished to design and build the precipitator in such a way that tubular scaffolding, which is slow
- ABIGROUP CONTRACTORS PTY LTD V RIVER STREET DEVELOPMENTS PTY LTD  VSC 425
Abigroup Contractors Pty Ltd (“Abigroup”) entered into a construction contract with River St Developments Pty Ltd (“RSD”) under which Abigroup was to design and construct the Riviera Apartments at 69-73 River St, Richmond for the sum of $68,654,467. Abigroup faxed Progress Claim No 26 made under the Building and Construction Industry Security of Payment Act 2002 (VIC) (“the Act”) in the sum of $4,736,535.97 to the Quantity Surveyor, who was responsible for valuation under the Contract, and also faxed a copy to the Superintendent.
- ACCC V LEE LEE PTY LTD (1999) FCA 1121
The Commission issued proceedings against Lee Lee for breaches of section 51AC (1) of the Trade Practices Act 1974. Section SIAC says that a corporation must not in trade or commerce when supplying or acquiring goods from a person engage in conduct that is unconscionable. That section became law on 1 July 1998…
- ACTORS EQUITY ASSOCIATION OF AUSTRALIA AND AUSTRALIAN BROADCASTING TRIBUNAL (1985) NO N83-743
Actors’ Equity wanted to respond to the Australian Broadcasting Tribunal’s invitation to interested parties to make submission as to Australian content requirements for commercial television.
- AGE OLD BUILDERS PTY LTD V SWINTONS PTY LTD  VSC 307
Age Old Builders Pty Ltd (‘Age Old’) entered into a major domestic building contract with Swintons Pty Ltd (‘Swintons’) for the construction of four townhouses in Acland Street, South Yarra. Disputes began between the parties and the parties agreed to appoint a building consultant to conduct an independent assessment of the quality of the work, and to provide a determination with respect to the alleged defects…
- AIR DYNAMICS CONTROL & SERVICES CONTRACTING V DURHAM & ANOR  NSWSC 366
Air Dynamics Control & Services Contracting (‘Air’) engaged Ishtar Painting Pty Limited (‘Ishtar’) to carry out painting work at the Chatswood Telephone Exchange. A dispute arose concerning the quality of the painting work and level of indebtedness by Air to Ishtar. This prompted Ishtar to make an Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) to facilitate payments…
- ALAN CONOLLY & CO V COMMERCIAL INDEMNITY  NSWSC 339
A R Conolly & Company (‘Alan’) engaged Commercial Indemnity (‘Commercial’) to carry out construction works, which were an office fit out, at Alan’s business premises. There was no written Contract and the works were carried out pursuant to an oral agreement between the parties, which did not make any provision for progress payments…
- ALCATEL AUSTRALIA LIMITED V SCARCELLA & ORS (1998) 44 NSWLR 349
Francesco, Helen and Rocky Scarcella (“Scarcella”) owned premises at 276-280 Botany Road, Alexandria and leased the premises to Alcatel Australia Limited (“Alcatel”). Alcatel became interested in a proposal to build a seven-storey administrative building on the premises under a sale and lease back arrangement. The proposal was realised and leased back to Alcatel for the term of fifty years. Covenant 2(f) of the lease stated that Alcatel was to observe and perform all lawful requirements…