NSW Caselaw
New South Wales Supreme Court
CITATION : Reed Constructions Australia Limited v MidCoast County Council trading as MidCoast Water [2010] NSWSC 1250
HEARING DATE(S) : 25/10/10, 26/10/10
JUDGMENT DATE : 29 October 2010
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : Plaintiff entitled to the judgment. Cross-claim to be dismissed.
CATCHWORDS : Trade Practices Act - Whether conduct misleading or deceptive - Alleged half-truths - Consideration of authorities - Proceedings pursuant to the Building and Construction Industry Security for Payments Act - Whether plaintiff mislead defendant causing it not to put on payment schedule in response to plaintiff's payment claim
LEGISLATION CITED : Building and Construction Industry Security for Payments Act 1999 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 270 ALR 204 Noor Al Houda Islamic College Pty Ltd v Bankstown Airport Ltd (2005) 215 ALR 625 CASES CITED : Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 42 ALR 1 Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Vitek v Estate Homes Pty Ltd [2010] NSWSC 237
PARTIES : Reed Constructions Australia Limited (Plaintiff) MidCoast County Council trading as MidCoast Water (Defendant)
FILE NUMBER(S) : SC 2010/155800
COUNSEL : Mr B DeBuse (Plaintiff) Mr F Corsaro SC, Mr M Galvin (Defendant)
SOLICITORS : HWL Ebsworth (Plaintiff) Stacks (Defendant)
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