NSW Caselaw
New South Wales District Court
CITATION: Stallion Civil Group Pty Ltd v Tresedar Pty Ltd [2009] NSWDC 125
HEARING DATE(S): 19, 20 and 21 May 2009
JUDGMENT DATE: 12 June 2009
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
DECISION: Verdict for the plaintiff against the defendant in the amount of $687,518; parties to be heard on interest and costs before final orders are made, together with the hearing of the notices of motion.
CATCHWORDS: BUILDING AND ENGINEERING CONTRACTS - Remuneration - Progress payments - Payment claims - Requirements for - Validity - Need for a payment schedule to dispute claim - Statutory debt for failure to reply with a payment schedule - Whether "construction work" - Meaning of "construction contract" - Arrangement for developer/owner to pay sub-contractor for work carried out under sub-contract with builder - Whether arrangement a construciton contract - Defences to claim - Defence of misleading or deceptive conduct - Relevance of claim not made "bona fide" - Reliance - Loss or damage
Building and Construction Industry Security of Payment Act 1999, ss 3, 4, 5(1), 7, 8(1)(a),9, 10(1), 11(1), 11(2), 13, 14, 15, 22(1) and 32 LEGISLATION CITED: Civil Procedure Act 2005, ss 100 and 101 Trade Practices Act 1974 (Cth), ss 51AB, 51AC, 52 and 87 Uniform Civil Procedure Rules 2005, Sch 5
Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9 Brodyn Pty Ltd t/as Time Cost and Quality v Davenport [2003] NSWSC 1019 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 Co-ordinated Construction Co Pty Ltd v JM Hargreaves (NSW) Pty Ltd (2005) 63 NSWLR 385 Grosvenor Constructions (NSW) Pty Ltd (in administration) v Musico [2004] NSWSC 344 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1998) 39 FCR 546; 79 ALR 83; and ATPR 40-850 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Kabwand Pty Ltd v National Australia Bank Ltd (1989) ATPR 40-950 Legal & General Assurance Society Ltd v Stock (1993) 49 IR 464 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Musico v Davenport [2003] NSWSC 977 Okaroo Pty Ltd v Vos Construction and Joinery Pty Ltd [2005] NSWSC 45 Olbourne v Excell Building Corp Pty Ltd [2009] NSWSC 349 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 2 TPR 48; 42 ALR 177
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate