NSW Caselaw
New South Wales Supreme Court
CITATION : Parkview v Fortia [2009] NSWSC 1065
HEARING DATE(S) : 28 September 2009 JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 28 September 2009
DECISION : See paragraphs [41] to [44] of the judgment.
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - whether 'construction contract' existed - whether payment claim valid. - PRACTICE - summary judgment - whether defence 'hopeless'.
LEGISLATION CITED : Building and Construction Industry Payments Act 2004 (Qld) Building and Construction Industry Security of Payment Act 1999 (NSW)
CATEGORY : Procedural and other rulings
Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd [2007] QSC 286 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (in liquidation) (2005) 64 NSWLR 462 Okaroo Pty Ltd v Vos Construction and Joinery Pty Ltd [2005] NSWSC 45 Olbourne v Excell Building Corp Pty Ltd [2009] NSWSC 349
PARTIES : Parkview Qld Pty Limited (Plaintiff) Fortia Funds Management Limited in its capacity as trustee for Fortia Active Property Fund (Defendant)
FILE NUMBER(S) : SC 55019/09
COUNSEL : A R R Vincent (Plaintiff) David Harker (Self Represented) (Defendant)
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