Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.

  • ALDOGA ALUMINIUM PTY LTD V DE SILVA STARR PTY LTD [2005] NSWSC 284
    Aldoga Aluminium Pty Ltd (‘Aldoga’) and De Silva Starr Pty Ltd (‘De Silva’) entered into an oral contract for the design and fit-out of new office premises for Aldoga. De Silva served a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) and Aldoga did not serve a Payment Schedule in response within the time specified…
  • ALLIANZ V FYNA [2000] NSWSC 657
    In 1993 a company named Fyna Formwork Pty Limited (Fyna 1) was registered in NSW. It was renamed Concrete Formwork Pty Ltd (Concrete) on 23 June 1995 and another company with the same directors was registered with the name Fyna Formwork Pty Ltd (Fyna 2) on the same day. Fyna 2 and Concrete entered into a contract whereby Concrete would supply labour to Fyna 2 to enable Fyna 2 to meet its obligations under its subcontract…
  • ALLIED CONSTRUCTIONS PTY LTD V. NOVACOAL AUSTRALIA PTY LTD (1991) 25 NSWLR 54
    Novacoal retained Allied Constructions to build a concrete lined shaft. The parties used an AS2124-1984 contract. When the contract was finalised some qualifications were made by Allied about the total inflow of water. If the inflow of water exceeded 6 litres a second then Allied and Novacoal were to negotiate for an additional payment…
  • ASTLEY V AUSTRUST LIMITED [1999] HCA 6
    Austrust carried on business as a trustee company and in 1984 became the trustee for a unit trust that traded as a piggery business. The trust failed and Austrust suffered substantial losses as the liabilities of the unit trust exceeded the assets of the unit trust.
  • AUSTRALIAN DEVELOPMENT CORPORATION PTY LTD V WHITE CONSTRUCTIONS LIMITED & ANOR [2001] NSWCA 9
    ADC entered into a building contract in 1987 with White Constructions Pty Ltd (ACT), for the construction of an office block and a residential tower known as the Quadrant project in Canberra. ACT was a wholly owned subsidiary of White Constructions Limited (WCL), which was then a wholly owned subsidiary of White Industries Ltd (WIL). In November 1986 WIL was privatised and in October 1987 WCL became a listed company whilst ACT remained a wholly owned subsidiary of WCL
  • BARBIERI V FAIRFIELD CITY COUNCIL [1997] NSWCA 405
    Barbieri was injured when his leg fell into a hole under a broken manhole cover. The manhole cover gave access to the stormwater drain system. The cover by replaced by the Council on the Monday following the accident. Barbieri sued the Council for negligence. There was no direct evidence that the Council had broken the manhole cover though a contractor engaged by the Council to complete roadworks may have damaged the cover
  • BARCLAY MOWLEM CONSTRUCTION LTD V TESROL WALSH BAY PTY LTD [2004] NSWSC 716
    Barclay Mowlem Construction Ltd (‘Barclay’) undertook building work for Tesrol Walsh Bay Pty Ltd (‘Tesrol’). Barclay Mowlem served a Payment Claim pursuant to section 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) on Tesrol for $1,111,923…
  • BARROB PTY LTD (IN LIQUIDATION) V OV PETERS PTY LTD (1992) BC9301177
    This was an application by the defendant to stay proceedings in proceedings commenced by the plaintiff. The application was made pursuant to section 53 of the Commercial Arbitration Act 1985 (WA)…
  • BARTER V MAYOR OF MELBOURNE (1870) 1 AJR 160
    Barter contracted with the Mayor of Melbourne. The contract provided for altered works to be measured and paid for and further provided that “no claim will be allowed for extras unless ordered in writing”…
  • BAULDERSTONE HORNIBROOK PTY LIMITED V QUEENSLAND INVESTMENT CORPORATION [2006] NSWSC 522
    Baulderstone Hornibrook Pty Limited (“BHPL”) entered into a contract with Queensland Investment Corporation (“QIC”) whereby BHPL agreed to design and construct the Westpoint Shopping Centre Redevelopment at Blacktown.
  • BAULDERSTONE HORNIBROOK PTY LTD V QANTAS AIRWAYS LTD [2003] FCA 174
    Qantas Airways Ltd (“Qantas”) entered into a contract with Baulderstone Hornibrook Pty Ltd (“BHPL”) for the building project known as the Domestic Infrastructure Terminal Development at a price of $52.6 million. The works involved the extension of Domestic Terminal 3 at Melbourne Airport including the construction of an extension to the existing terminal building; the construction of a new valet car park and the construction of a new concourse…
  • BAYSIDE CIVIL & DRAINAGE PTY LTD V. MARINESTAR HOLDINGS PTY LTD [2000] WASC 17
    Bayside was a contractor engaged by the Marinestar to carry out earthworks on a subdivision project. The parties executed a standard contract using AS 2124-1992…
  • BEATON V MCDIVITT (1987) 13 NSWLR 162
    McDivitt owned some land and agreed that Beaton could occupy a block of his land. At that time it was intended that the block would be rezoned and transferred to Beaton in about two years’ time…
  • BECKHAUS CIVIL PTY LTD V BREWARRINA SHIRE COUNCIL [2002] NSWSC 960
    Brewarrina Shire Council (‘the Council’) and Beckhaus Civil Pty Ltd (‘Beckhaus’) entered into a contract for the construction of levee banks around the town of Brewarrina. The banks were to be constructed in strategic positions around the town of Brewarrina to protect it from the flooding of the Barwon River…
  • BELLGROVE V. ELDRIDGE [1954] 90 CLR 613
    Eldridge retained Bellgrove to build a brick house villa to specifications. The price for the work was £3,500, but Eldridge only paid £3,100. Bellgrove sued for the balance, but Eldridge sued for substantial departures from the specification, which caused grave instability in the villa…
  • BEREM INTERIORS PTY LTD V SHAYA CONSTRUCTIONS (NSW) PTY LTD [2007] NSWS 1340
    Berem Constructions Pty Limited (“Berem”) issued an Invitation to Tender to Shaya Constructions (NSW) Pty Limited (“Shaya”) for the supply, delivery and installation of suspended ceilings, partitions and lining works in respect of the alterations and additions to an existing industrial building to facilitate the construction of 14 retail tenancies, commercial suites and some residential apartments…
  • BERLEI HESTIA INDUSTRIES LTD V BALI CO INC [1973] 129 CLR 353
    Berlei was the registered proprietor of the trademark Berlei in respect of clothing. Bali had registered a trademark Bali-Bra and Berlei sought to have the trademark removed from the register…
  • BETTER SPRINKLER SYSTEMS PTY LTD V KOUSSIDIS [1999] SASC 291
    Koussidis ran a building business which over the years operated as a partnership or a company. Before 1985 he had maintained a personal account with the Premier Service Station in Adelaide. In 1985, Better Sprinkler purchased the service station and the personal account with Koussidis was maintained.
  • BHP STEEL (RP) PTY LTD V ABB ENGINEERING CONSTRUCTION PTY LTD [2001] WASC 73
    BHP DRI was constructing a plant at Port Hedland and ABB was a head contractor for part of the works at the plant. Monaveen was ABB’s subcontractor and it proposed to purchase the steel it needed to complete the works from BHP Steel…

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