NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Olympia Group (NSW) Pty Ltd v Hansen Yuncken Pty Ltd & Anor [2011] NSWSC 165 Hearing dates: 10 March 2011 Decision date: 16 March 2011 Before: Ball J Decision: Amended summons dismissed with costs Catchwords: BUILDING AND CONSTRUCTION CONTRACTS - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether a decision by an adjudicator who does not have jurisdiction was a determination under s 22 - whether entitled to submit new claim under s 17 - whether adjudicator had jurisdiction to determine claim - whether construction work carried out outside NSW Legislation Cited: Building & Construction Industry Payments Act 2004 (Qld) Building & Construction Industry Security of Payment Act 1999 (NSW) Jervis Bay Territory Acceptance Act 1915 (Cth) Cases Cited: Brodyn Pty Limited v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421 Cardinal Project Services Pty Limited v Hanave Pty Limited [2010] NSWSC 1367 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 272 ALR 750 Downer Construction (Australia) Pty Ltd v Energy Australia [2007] NSWCA 49; (2007) 69 NSWLR 72 Emergency Services Superannuation Board v Sundercombe [2004] NSWSC 405; John Holland Pty Limited v Made Contracting Pty Limited [2008] NSWSC 374 John Holland Pty Ltd v Schneider Electric Buildings Australia Pty Ltd [2010] QSC 159 Kirk v Industrial Relations Commission (NSW) [2010] HCA 1; 239 CLR 531 Multiplex Constructions Pty Limited v Luikens [2003] NSWSC 1140 Category: Principal judgment Parties: Olympia Group (NSW) Pty Ltd (Plaintiff) Hansen Yuncken Pty Ltd (First Defendant) Ian Hillman (Second Defendant) Representation: Counsel: Mr F C Corsaro SC (Plaintiff) Mr B C A Bradley (Plaintiff) Mr M Christie SC (First Defendant) Mr B D Kaplan (First Defendant) No Appearance (Second Defendant) Solicitors: Knight Lawyers (Plaintiff) Crawford Legal (First Defendant) No Appearance (Second Defendant) File Number(s): 2011/72539
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