| Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd (NSWCA) - security of payments - existence of reference date to support payment claim not a jurisdictional fact - appeal allowed |
| Best Tech & Engineering Ltd v Samsung C&T Corporation (WASC) - interlocutory injunction - interim injunction granted restraining defendant from requesting calling or demanding payment on guarantee given pursuant to contract |
| Summaries With Link (Five Minute Read) |
Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288
Court of Appeal of New South Wales
Ward & Emmett JJA; Sackville AJA
Security of payments - first respondent sought declaration that adjudication determination made by adjudicator under s22 Building and Construction Industry Security of Payment Act 1999 (NSW) in respect of payment claim made by appellant was void - first respondent submitted adjudicator wrongly determined that reference date within meaning of s8 had arisen in respect of work subject of payment claim - first respondent also submitted adjudicator denied it natural justice - primary judge found there was no reference date supporting payment claim and no denial of natural justice - primary judge found first respondent entitled to declaration sought - appellant appealed - construction of ss8 & 13 - held: appellant was person who claimed entitlement under construction contract to progress payments in general sense contemplated by Act - appellant satisfied description in s8(1)(a) & (b) - existence of reference date to support payment claim was not a jurisdictional fact and not an essential pre-condition for making valid payment claim - appeal allowed.
Lewence
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Best Tech & Engineering Ltd v Samsung C&T Corporation [2015] WASC 355
Supreme Court of Western Australia
Pritchard J
Interlocutory injunction - contract - plaintiff provided modular steel to defendant under contract - contract required plaintiff to provide security in form of bank guarantee - plaintiff sought interlocutory injunction restraining defendant from requesting calling or demanding payment on guarantee given pursuant to contract - serious question to be tried - balance of convenience - adequacy of damages - held: Court granted interim injunction to permit the defendant to be served with relevant material and to be heard on whether operation of interlocutory injunction should be extended.
Best Tech
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