NSW Caselaw
New South Wales Supreme Court
CITATION : Boutique Developments Ltd v Construction & Contract Services Pty Ltd & Anor [2007] NSWSC 1042 This decision has been amended. Please see the end of the judgment for a list of the amendments.
JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 31 August 2007
DECISION : Application dismissed with costs.
CATCHWORDS : JUDGMENTS - Administrative Law - Particular Tribunals or bodies - Injunction sought to restrain the determination of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 - Whether expert reports in aid of an action against a third party insurer for defects in construction fall within the definition of "construction work" in s 5(1) or "related goods or services" in s 6(1) - Whether the jurisdiction law entitlement question should be decided by the Court
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd & Anor [2005] NSWSC 362 CASES CITED : Brodyn Pty Ltd v Davenport & anor [2004] NSWCA 394 Lifestyle Retirement Products No 2 Pty Ltd v Parisi Homes Pty Ltd & Anor [2005] NSWSC 411 Veolia Water Solutions & Technologies v Kruger Engineering Australia Pty Ltd [2006] NSWSC 1406
Boutique Developments Ltd - Plaintiff PARTIES : Construction & Contract Services Pty Ltd - First Defendant The Institute of Arbitrators and Mediators Australia - Second Defendant
FILE NUMBER(S) : SC 4207/07
COUNSEL : Mr J O'Sullivan - Plaintiff Mr M Lawson - Defendant
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