NSW Caselaw
New South Wales Supreme Court
CITATION : Levadetes v Iberian Artisans [2009] NSWSC 641
HEARING DATE(S) : 15 June 2009 JURISDICTION : Equity Division Commercial and Technology List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 15 June 2009
DECISION : See paragraphs [65] to [68] of the judgment.
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS - Building and Construction Industry Security of Payment Act - progress claim - whether adjudicator erred - whether a contract or arrangement - whether "construction contract" was "for the carrying out of residential building work."
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Home Building Act 1989
CATEGORY : Procedural and other rulings
Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 CASES CITED : Okaroo Pty Ltd v Vos Constructions and Joinery Pty Ltd [2005] NSWSC 45 Olbourne v Excell Building Corp Pty Ltd [2009] NSWSC 349 Reynolds v Atherton (1922) 127 LT 189 TW Hedley (Investments) Pty Ltd v Richardson Plant Hire Pty Ltd [2005] QSC 099
PARTIES : Levadetes Pty Limited (Plaintiff) Iberian Artesans Pty Limited (Defendant)
FILE NUMBER(S) : SC 55021/09
COUNSEL : M A Ashhurst SC / P Folino-Gallo (Plaintiff) F R Clark (Defendant)
SOLICITORS : Reimer Winter Williamson (Plaintiff) Wilkinson Building & Construction Lawyers (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
McDOUGALL J
15 June 2009 (ex tempore – revised 18 June 2009)
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