NSW Caselaw
New South Wales Court of Appeal
CITATION: Baulderstone Hornibrook Pty Ltd v Queensland Investment Corporation [2007] NSWCA 9
HEARING DATE(S): 14 December 2006
JUDGMENT DATE: 14 February 2007
JUDGMENT OF: Giles JA at 1; Tobias JA at 2; Basten JA at 140
DECISION: Appeal dismissed with costs
CATCHWORDS: CONTRACTS — Building, engineering and related contracts - Payment schedules under s 14 of the Building and Construction Industry Security of Payment Act 1999 — Whether a payment schedule is properly provided if it is not referred to in a cover letter — Whether a payment schedule prepared and signed by an agent without express authority can be said to have been provided by the principal - CONTRACTS — particular parties — principal and agent — authority of agents — construction and extent of authority — authority created by other means — acts incidental to effective execution of express authority
LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
CASES CITED: Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549
PARTIES: Baulderstone Hornibrook Pty Ltd Queensland Investment Corporation
FILE NUMBER(S): CA 40339/06
COUNSEL: A: J T Gleeson SC / S A Kerr / B Arste R: F M Douglas QC / N Kidd
SOLICITORS: A: Clayton Utz, Sydney R: Allens Arthur Robinson, Sydney
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 55035/06
LOWER COURT JUDICIAL OFFICER: Einstein J
LOWER COURT DATE OF DECISION: 7/6/06
LOWER COURT MEDIUM NEUTRAL CITATION: Baulderstone Hornibrook Pty Ltd v Queensland Investment corporation [2006] NSWSC 522
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