Cranbrook School v JA Bradshaw Civil Contracting [2013] NSWSC 430

Supreme Court New South Wales

Medium Neutral Citation: Cranbrook School v JA Bradshaw Civil Contracting [2013] NSWSC 430 Hearing dates: 18/04/2013, 19/04/2013 Decision date: 19 April 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Declare void and quash adjudication determination; ancillary orders to be made. Catchwords: BUILDING AND CONSTRUCTION - construction contracts - Building and Construction Security of Payment Act 1999 (NSW)- meaning of "construction contract" - where no contract between the owner and subcontractor - whether there was an "arrangement" within the meaning of the Act. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Cardinal Project Services Pty Ltd v Hanave Pty Ltd (2011) 81 NSWLR 716 Chase Oyster Bar Pty Limited Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Clyde Bergemann Senior Thermal Pty Ltd v Varley Power Services Pty Ltd [2011] NSWSC 1039 Machkevitch v Andrew Building Constructions [2012] NSWSC 546 MPM Constructions Pty Ltd v Trepcha Constructions Pty Ltd [2004] NSWSC 103 Okaroo Pty Limited v Vos Construction and Joinery Pty Ltd [2005] NSWSC 45 Olbourne v Excell Building Corp Pty Ltd [2009] NSWSC 349 Stallion Civil Group Pty Ltd v Tresedar Pty Ltd [2009] NSWDC 125 Category: Principal judgment Parties: Cranbrook School (Plaintiff) JA Bradshaw Civil Contracting Pty Ltd (First Defendant) Damian Michael (Second Defendant) Representation: Counsel: M Dempsey SC / RPV Carey (Plaintiff) MK Condon SC (Defendants) Solicitors: Fraser Clancy Lawyers (Plaintiff) Crisp Legal (First Defendant) Rockliffs Solicitors & IP Lawyers (Second Defendant) File Number(s): 2012/392226