NSW Caselaw
New South Wales Supreme Court
CITATION : Baulderstone Hornibrook Pty Limited v Queensland Investment Corporation [2006] NSWSC 522
HEARING DATE(S) : 30/5/06, 2/6/06
JUDGMENT DATE : 7 June 2006
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : Declarations upholding validity of Payment Schedule as compliant with section 14 of Building and Construction Industry Security of Payment Act 1999 (NSW).
CATCHWORDS : Building and Construction - Payment Schedule - Whether payment schedule was provided by respondent to claimant - Question of fact - Contractual requirement that Principals representative be appointed - Obligation of Principals representative when exercising functions prescribed by Contract capable of being termed 'fiduciary duties' - Challenge to activities [of indirect assistant of Principals representative] in physically assembling folders of documents served as part of payment schedule - Activities challenged held to fall outside functions prescribed by the Contract to be carried out by Principals representative
Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Evidence Act 1995 (NSW) Supreme Court Rules 1970 (NSW)
Barclay Mowlem Construction Ltd v Tesrol Walsh Bay Pty Ltd [2004] NSWSC 1232 Beckhaus Civil Pty Ltd v Council of the Shire of Brewarrina (2002) NSWSC 960 Brewarrina Shire Council v Beckhaus Civil Pty Limited (2003) 19 BCL 177 Clarence Street Pty Limited v Isis Projects Pty Limited [2005] NSWCA 391 Emag Constructions Pty Ltd v Highrise Concrete Contractors (Aust) Pty Ltd [2003] NSWSC 903 Forestview Nominees Pty Limited v Perron Investments Pty Limited (1999) 93 FCR 117 Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd [2002] NSWCA 136 Isis Projects Pty Ltd v Clarence Street Pty Ltd [2004] NSWSC 714 Leighton Contractors Pty Limited v Campbelltown Catholic Club Limited [2003] NSWSC 1103 CASES CITED : Maxwell, Ex parte, a Bill of Costs, Re (1955) 72 WN (NSW) 333 Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140 Nepean Engineering Pty Limited v Total Process Services Pty Limited (in liq) [2005] NSWCA 409 Olympic Holdings Pty Limited v Lochel [2004] WASC 61 Parist Holdings Pty Limited v WT Partnership Australia Pty Limited [2003] NSWSC 365 Peninsula Balmain Pty Limited v Abigroup Contractors Pty Limited [2002] NSWCA 211 Polkinghorne v Holland (1934) 51 CLR 143 Springs Golf Club Pty Ltd v Profile Golf Pty Ltd [2006] NSWSC 344 Strangas v Young (1975) 1 BPR 9123 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd (2003) NSWSC 266
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