A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Wednesday, 17 September 2014
Executive Summary (One Minute Read)

Caltex Refineries (Qld) Pty Ltd v Allstate Access (Australia) Pty Ltd (QSC) - security of payments - denial of natural justice - adjudicator's decisions set aside 

Belgravia Nominees Pty Ltd v Lowe Pty Ltd (WASC) - pleadings - partnership - refusal of leave to join defendant and amend writ - appeal dismissed 

Summaries With Link (Five Minute Read)

Caltex Refineries (Qld) Pty Ltd v Allstate Access (Australia) Pty Ltd [2014] QSC 223

Supreme Court of Queensland

P McMurdo J

Security of payments - first respondent (Allstate) agreed to supply Caltex with scaffolding equipment - Allstate alleged Caltex damaged the equipment - Allstate made payment claim pursuant to Building and Construction Industry Payments Act 2004 (Qld) and Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudicator ordered Caltex to pay Allstate for replacement costs of the equipment - Caltex sought to quash decision - construction of contract - issue estoppel - natural justice - held: Caltex not estopped from contending that agreement contained no promise by them to make payment for damaged goods -Caltex was denied natural justice because adjudicator interpreted contract in a way which neither side argued and which ought not to have been anticipated by them - decisions set aside.

Caltex Refineries (Qld) Pty Ltd

Belgravia Nominees Pty Ltd v Lowe Pty Ltd [No 2] [2014] WASC 315

Supreme Court of Western Australia

Master Sanderson

Pleadings - partnership - plaintiff and company carried on business in partnership - partnership entered agreement with first defendant for provision of services to partnership - partnership dissolved - plaintiffs commenced proceedings against defendants alleging they were prohibited from receiving certain payments - Registrar refused plaintiffs leave to join company as a third defendant to proceedings and refused leave to amend writ of summons - plaintiffs challenged Registrar's finding that action was not necessary to wind up partnership's affairs and that therefore partner had no authority to bind firm following dissolution - s26 Partnership Act 1895 (WA) - held: proceedings did not have to be taken to bring to a conclusion the affairs of the partnership - plaintiffs could not maintain the action - Registrar was right to refuse leave - appeal dismissed.

Belgravia Nominees Pty Ltd