NSW Caselaw
New South Wales Supreme Court
CITATION : Rojo Building Pty Limited v Jillcris Pty Limited [2007] NSWSC 880
HEARING DATE(S) : 11 and 12 July 2007
JUDGMENT DATE : 12 July 2007
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : McDougall J at 1
DECISION : See paragraph [73] of judgment
CATCHWORDS : BUILDING AND CONSTRUCTION - Security of payment - Authority of solicitor to sign payment claim on behalf of claimant - Progress payments - Payment claim served on defendant - Failure of defendant to provide payment schedule within time limited by the Act - Plaintiff serves notice of intention to make adjudication application - Whether plaintiff thereby made any election - Whether open to plaintiff to withdraw any election made.
LEGISLATION CITED : Building & Construction Industry Security of Payment Act 1999 Home Building Act 1989
Baulderstone Hornibrook Pty Ltd v Queensland Investment Corporation [2007] NSWCA 9 G J Coles & Co Ltd v Retail Trade Industrial Tribunal (1986) 7 NSWLR 503 Kell & Rigby Pty Limited v Guardian International Properties Pty Ltd [2007] NSWSC 554 Latter v Council of the Shire of Muswellbrook (1936) 56 CLR 422 CASES CITED : Miller v Miller (1945) 45 SR (NSW) 73 O'Connor v S.P. Bray Limited (1937) 56 CLR 464 Rojo Building Pty Limited v Jillcris Pty Limited [2006] NSWSC 309 Sargent v A.S.L. Developments Limited (1974) 131 CLR 634 United Australia Limited v Barclays Bank Limited [1941] AC 1 Vince Schokman v Xception Construction Pty Limited [2005] NSWSC 297
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