A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Thursday, 19 February 2015
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Executive Summary (One Minute Read)
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Lease Building Contractors Pty Ltd t/as Sitzler Baulderstone Joint Venture v
Honeywell Ltd t/as Honeywell Building Solutions (NTSC)
- security of payments - adjudicator’s determination within jurisdiction -
claim dismissed
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| Summaries With Link (Five Minute Read) |
Lend Lease Building
Contractors Pty Ltd t/as Sitzler Baulderstone Joint Venture v Honeywell Ltd
t/as Honeywell Building Solutions [2015] NTSC 10
Supreme Court of the Northern Territory
Kelly J
Security of payments - plaintiff and first defendant
entered subcontract - payment dispute arose - first defendant sought
adjudication under Construction Contracts
(Security of Payments) Act (NT) - plaintiff sought to quash adjudicator’s
determination - first defendant contended adjudicator made finding that
plaintiff was not liable to pay amount to first defendant, and that, having so
found, had no jurisdiction to determine amount should be paid - held: nothing
to indicate adjudicator misconstrued s33(1)(b) or went outside allocated role
in determining whether plaintiff owed money to first defendant - adjudicator’s
remarks did not constitute finding that plaintiff had no liability to pay
amount to first defendant - claim dismissed.
Lend Lease Building Contractors Pty Ltd
t/as Sitzler Baulderstone Joint Venture
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