| Illawarra Retirement Trust v Denham Constructions Pty Ltd (No.2) (NSWSC) - costs - both parties achieved roughly equivalent degree of success - each party to bear own costs |
| BRB Modular Pty Ltd v AWX Constructions Pty Ltd (QSC) - security of payments - contractual precondition did not prevent reference date for payment claim arising under Building and Construction Industry Payments Act 2004 (Qld) - application dismissed |
| Summaries With Link (Five Minute Read) |
Illawarra Retirement Trust v Denham Constructions Pty Ltd (No.2) [2015] NSWSC 1032
Supreme Court of New South Wales
Darke J
Costs - plaintiff’s summons dismissed - plaintiff sought that each party pay its own costs or order for indemnity costs - defendant sought that plaintiff pay its costs from certain date - held: after commencement of proceedings defendant had made concessions which narrowed issues - defendant successful on the remaining issues - defendant had made offer to plaintiff which was not accepted - plaintiff was well justified in commencing proceedings - Court concluded that in all circumstances most appropriate order was that each party bear own costs of proceedings in reflection of Court’s view that both parties had achieved a roughly equivalent degree of success and there was no conduct that seemed to warrant making award of indemnity costs.
Illawarra
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BRB Modular Pty Ltd v AWX Constructions Pty Ltd [2015] QSC 218
Supreme Court of Queensland
Applegarth J
Security of payments - applicant and first respondent were parties to a construction contract - applicant claimed first respondent’s payment claim not made from valid reference date - adjudicator decided contract provided for working out of reference date and that by application of s99 Building and Construction Industry Payments Act 2004 (Qld) the contractual precondition did not affect a reference date arising for purpose of making payment claim - applicant sought to quash decision on basis no reference date for making of payment claim under the Act arose - contractual precondition to reference date arising under contract was provision of statutory declaration - precondition not complied with by first respondent - held: applicant’s argument that no reference date for making of payment claim arose due to non-compliance with precondition not established - contractual provision impeded the objects of the Act - application dismissed.
BRB
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