Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.
- BIOTECHNOLOGY AUSTRALIA P-L V. PACE (1988) 15 NSWLR 130
Dr Pace was employed by Biotech as a senior research scientist. The letter of offer for employment provided that Biotech would “…confirm a salary package of A$36,000 per annum, a fully maintained company car and the option to participate in the company’s senior staff equity sharing scheme.” - BITANNIA PTY LTD & ANOR V PARKLINE CONSTRUCTIONS PTY LTD [2006] NSWCA 238
Parkline Constructions Pty Ltd (“Parkline”) entered into a contract with a partnership between Bitannia Pty Ltd and Rossfield Nominees (ACT) Pty Ltd (“Bitannia”) for the construction of “The Ettalong Hotel”… - BLACK V WALKER (2000) NSWSC 983
Black gave Walker a diamond ring for their engagement. When the engagement broke down, Black demanded the ring back but Walker refused return the ring. Walker contended that Black had taken the ring back from her premises but Black insisted that he had not done so and was therefore entitled to have the ring returned to him… - BLACKPOOL AND FLYDE AERO CLUB LTD V BLACKPOOL BOROUGH COUNCIL [1990] 3 ALL ER 25
The council operated an airport and decided to request tenders for a concession to operate pleasure flights from an airport. Invitations to tender were sent to selected parties connected with the airport. Only three chose to tender… - BRECON BUILDERS PTY LTD V RIPA STEEL FABRICATIONS PTY LTD [2004] NSWSC 838
Brecon Builders Pty Ltd (‘Brecon’) entered into a sub-contract agreement with the Ripa Steel Fabrications Pty Ltd (‘Ripa’) to design, fabricate, deliver and erect structural steel work for a warehouse development being constructed by the plaintiff at 205- 215 Port Hacking Road, Miranda… - BRITISH TELECOMMUNICATIONS PLC V. JAMES THOMSON & SONS HOUSE OF LORDS (UK) 10 DECEMBER 1998
British Telecommunications engaged MDW Ltd. to re-furbish and repair equipment and buildings at a British Telecommunications switching station. MDW Ltd. engaged Thomson to execute steelwork as a sub-contractor… - BROAD CONSTRUCTION SERVICES (NSW) PTY LIMITED V MICHAEL VADASZ [2008] NSWSC 1057
This case illustrates that where a report (or other evidence) is relied upon in an adjudication response, an adjudicator may refuse to consider the report if it was not properly included in the Payment Schedule. A failure to explain the full basis of negating the payment claim can be fatal to a defence. This judgement may have immediate application to contract administrators and the way in which they respond to and prepare payment schedules and adjudication responses under the Building and Construction Industry Security of Payment Act 1999. - BRODYN PTY LTD TRADING AS TIME COST AND QUALITY V DAVENPORT & ANOR [2004] NSWCA 394
Brodyn Pty Ltd T/as Time Cost and Quality (‘Brodyn’) entered into a construction contract with Dasein to undertake concreting work for twelve townhouses at 37 River Road, Wollstonecraft. Brodyn gave notice to Dasein alleging repudiation of the contract by Dasein, and purporting to accept that repudiation… - BROOKHOLLOW PTY LTD V R&R CONSULTANTS PTY LTD & ANOR [2006] NSWSC 1
Brookhollow Pty Ltd (“Brookhollow”) and R&R Consultants Pty Ltd (“R&R”) entered into a subcontract whereby R&R would perform demolition and excavation works. R&R served a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) on Brookhollow in the sum of $169,494.25. Brookhollow did not provide a Payment Schedule in relation to the claim and the matter proceeded to Adjudication… - BROOKLYN LANE PTY LTD V MIC AUSTRALIA PTY LTD [2000] VSC 33
MIC was an insurance broker engaged by Brooklyn Lane, a real estate agent, to procure a series of insurance policies from Mercantile Mutual Insurance (MMI)… - BTR ENGINEERING (AUSTRALIA) LTD V DANA CORPORATION & ORS [2000] VSC 246
BTR and Dana entered into an agreement whereby Dana agreed to purchase particular assets from BTR… - BURBANK AUSTRALIA PTY LTD V LUZINAT & ORS [2000] VSC 128
Saris engaged Burbank to build a domestic dwelling. Burbank completed work on the house to the fixing stage and then served a notice of termination on Saric after he refused to pay for the progress claims submitted by Burbank… - BURG DESIGN PTY LTD V WOLKI [1999] FCA 388
Burg Design negotiated with Wolki to purchase a fast food chicken business in Albury. During the course of the negotiations Wolki made misrepresentations about the gross profit margin and the cash takings of the business… - CARR V. J.A. BERRIMAN PTY LTD (1953) 89 CLR 327
Berriman and Carr entered into a contract for Berriman to build a factory on Carr’s land in Sydney. The architect was Oser, who was an agent of Carr for the building contract. Carr was to level the land by 31 May and was to supply steel to Berriman for a contractor to process. The fabrication of the steel was a major part of the contract… - CHAPMAN V. HEARSE (1961) 106 CLR 112
On a dark and wet night Chapman drove his motor vehicle into the back of Emery’s car. Chapman was left lying on the road after the accident. Dr Cherry came upon the scene and left his motor vehicle and began to assist Chapman. While Cherry was treating Chapman a motor vehicle driven by Hearse hit Cherry and killed him… - CINEMA CENTER SERVICES PTY LTD v EASTAWAY AIR CONDITIONING PTY LTD [2000] ACTSC 17
Cinema sued Eastaway and recovered damages of $285,859.26 against Eastaway. Cinema applied for an indemnity costs order against Eastaway. On 21 August 1998, Cinema had written to Eastaway offering to accept $280,000.00 plus costs in settlement of the proceeding. Eastaway did not respond to the offer… - CITY OF BOROONDARA V NEUMANN SANDS VICTORIA PTY LTD [1999] VSC 39
The Council entered into a contract with Neumann to dredge sand from a site and then sell the sand… - CIVIC TRANSPORT SERVICES PTY LTD V WACHER PTY LTD [1999] VSC 290
Nucleus was the author and owner of a software package called CARRY, which it customised for use by Civic. There was a service agreement between Nucleus and Civic for 1992. In October 1992 the business of Nucleus was sold to Wacher though the employees of Nucleus continued to work for the business… - CLYDE CONTRACTORS P-L V NORTHERN BEACHES P-L [2001] QCA 314
Clyde contractors entered into a contract with Northern Beaches in which Clyde was to carry out certain work with respect to a land development for Northern Beaches…