NSW Caselaw
New South Wales Supreme Court
CITATION : Brian Leigh Smith & Anor v Coastivity Pty Ltd [2008] NSWSC 313
HEARING DATE(S) : 7 March 2008
JUDGMENT DATE : 11 April 2008
JUDGMENT OF : McDougall J at 1
DECISION : See paras [94] to [96] of the judgment
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether a construction contract to which the Act applied existed – definition of "related goods and services" – whether consideration for related goods and services was calculated other than by reference to the value of the goods and services supplied – whether discretionary grounds exist to warrant withholding the grant of declaratory and injunctive relief.
Building and Construction Industry Security of Payment Act 1999 (the Act) Landlord and Tenant (Amendment) Act (1948) LEGISLATION CITED : Racial Discrimination Act 1975 (Cth) Strata Titles Act 1969 Workers Compensation Act 1987 (NSW)
CATEGORY : Principal judgment
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Austruc v ACA [2004] NSWSC 131 Biseja v NSI Group [2006] NSWSC 835 Blank v Beroya Pty Ltd (1967) 92 WN (NSW) 24 Brodyn Pty Ltd v Davenport (2004) 61 NSW LR 421 Chapman v Michaelson [1909] 1 Ch 238 Connor v Sankey [1976] 2 NSWLR 570 Conwell v Tapfield [1981] 1 NSWLR 595 Csidei v Anderson [1977] 1 NSWLR 747 CASES CITED : Gillett v Halwood Corporation Ltd NSW Court of Appeal, 26 March 1998, unreported; BC 9800883 Imperial Tobacco Ltd v Attorney-General [1981] AC 718 Lodge v National Union Investment Co Ltd [1907] 1 Ch 300 Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 Mayfair Trading Co Pty Ltd v Dreyer (1958) 101 CLR 428 Mayne Nickless Ltd v Commissioner of State Revenue (Vic) (1996) 96 ATC 5056 Miller v CSR Timber Products Pty Ltd (1993) 29 NSWLR 611 Sankey v Whitlam (1978) 142 CLR 1 Shellbridge Pty Ltd v Rider Hunt Sydney Pty Ltd [2005] NSWSC 1152
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