Proactive Building Solutions v Mackenzie Keck [2013] NSWSC 1500

Supreme Court New South Wales

Medium Neutral Citation: Proactive Building Solutions v Mackenzie Keck [2013] NSWSC 1500 Hearing dates: 01/10/2013 Decision date: 01 October 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Application for permanent stay dismissed with costs. Catchwords: BUILDING & CONSTRUCTION - construction contracts - conflict of laws - where contracts said to be governed by the laws of a foreign jurisdiction - where contracts said to require disputes to be determined by foreign courts - whether amounts to contracting out of provisions of Building and Construction Industry Security of Payment Act 1999 (NSW) Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Contractors Debt Act 1997 (NSW) Insurance Contracts Act 1984 (Cth) Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules (NSW) Cases Cited: Akai Pty Limited v People's Insurance Company Limited (1996) 188 CLR 418 Akai Pty Limited v Peoples Insurance Company Limited [1998] 1 Lloyd's Rep 90 Minister for Commerce v Contrax Plumbing [2004] NSWSC 823 Neilson v Overseas Projects Corporation of Victoria Limited (2005) 223 CLR 331 Category: Procedural and other rulings Parties: Proactive Building Solutions Pty Ltd (Plaintiff) Mackenzie Keck Pty Ltd (Defendant) Representation: Counsel: PT Russell / J Zmood (Plaintiff) JA Steele (Defendant) Solicitors: Thurlow Fisher Lawyers & Consultants (Plaintiff) Holding Redlich (Defendant) File Number(s): 2013/238242