| Commercial Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd (VSC) - security of payments - payment claim in breach of s14(8) Building and Construction Industry Security of Payment Act 2002 (Vic) - adjudication quashed |
| Adapt Constructions Pty Ltd v Whittaker (ACTSC) - commercial arbitration - building contract - no error in arbitrator’s award - leave to appeal refused |
| Summaries With Link (Five Minute Read) |
Commercial Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd [2015] VSC 426
Supreme Court of Victoria
Vickery J
Security of payments - plaintiff sought judgment or orders that adjudication determination made under Building and Construction Industry Security of Payment Act 2002 (Vic) be quashed or set aside - plaintiff claimed subject payment claim made by first defendant (21 January Payment Claim) invalid under the Act - whether payment claim invalid in breach of s14(8) for being a second payment claim made in respect of same reference date - held: 21 January Payment Claim was ‘in respect of’ reference date for which first defendant had previously served payment claim - payment claim was in breach of s14(8) - payment claim served in contravention of s14(8) could not provide jurisdictional basis for valid adjudication conducted under s23 - adjudication determination quashed.
Commercial
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Adapt Constructions Pty Ltd v Whittaker [2015] ACTSC 188
Supreme Court of the Australian Capital Territory
Burns J
Commercial arbitration - building contract - appellant was builder - respondents were owners of property - parties signed building contract engaging appellant to build home - disputes arose concerning allegation by builder that owners had denied it payment, and respondents’ allegations that building work defective - arbitrator made findings in favour of owners, ordering builder to pay amount to owners and costs - builder sought leave to appeal from orders - builder contended arbitrator denied it procedural fairness and erred in assessment of damages - s38 Commercial Arbitration Act 1986 (ACT) - held: appellant did not demonstrate any manifest error on the face of award or strong evidence that arbitrator made error of law - leave to appeal refused.
Adapt
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