Co-ordinated Construction Co Pty Limited v Climatech (Canberra) Pty Ltd [2005] NSWSC 312

New South Wales Supreme Court

CITATION : Co-ordinated Construction Co Pty Limited v Climatech (Canberra) Pty Ltd [2005] NSWSC 312

HEARING DATE(S) : 3 March 2005

JUDGMENT DATE : 13 April 2005

JURISDICTION : Technology & Construction List

JUDGMENT OF : Bergin J

DECISION : Summons dismissed

CATCHWORDS : [STATUTORY CONSTRUCTION] - [CONSTRUCTION CONTRACT] - Application for permanent injunction to restrain the obtaining of a certificate under the Building and Construction Industry Security for Payment Act 1999 (NSW) - Whether the claims under the contract as a result of the awarding of extensions of time were "variation" claims under the contract - Whether claims for delay damages consequent upon extensions of time are able to be claimed in a payment claim under the Act and awarded in a determination under the Act.

Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW)

Brodyn Pty Ltd v Davenport [2004] NSWCA 394 Co-ordinated Construction Co Pty Limited v J M Hargreaves and Ors [2005] NSWSC 77 In Re an Arbitration Between Taylor Woodrow International Limited and the Minister of Health [1978] 19 SASR 1 CASES CITED : Kembla Coal & Coke v Select Civil &Ors [2004] NSWSC 628 Project Blue Sky Inc and Ors v Australian Broadcasting Authority (1998) 194 CLR 355 Quasar Constructions v Demtech Pty Ltd [2004] NSWSC 116

Co-oridnated Construction Co Pty Limited (Plaintiff) Climatech (Canberra) Pty Limited (First Defendant) PARTIES : Gerald Raftesath (Second Defendant) LEADR (Third Defendant)