Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.
- Haridemos v Labathas  ACTSC 110
When deciding whether an appointed person under the arbitration clause in their agreement is an expert to make his expert determination or an arbitrator to make his award, the Court looked at the function, decision, and facts such as: the words used, the requirement stated in the Deed, and the qualification of the appointed person. The Court concluded that the parties agreed to appoint an expert. As a result, it was held that the Court does not have jurisdiction to hear an appeal from an expert determination.
- Austruct Qld Pty Ltd v Independent Pub Group Pty Ltd
Austruct Qld Pty Ltd (‘Austruct’) entered into an agreement with Munday Group Pty Ltd, which was subsequently assigned to Independent Pub Group Pty Ltd (‘Independent’), for renovations to a hotel.
- John Holland Pty Ltd v Coastal Dredging & Construction Pty Ltd & Ors  QCA 150 (8 June 2012)
John Holland Pty Ltd (‘John Holland’) contracted Coastal Dredging & Construction Pty Ltd (‘Coastal Dredging’) to provide dredging in Gladstone Harbour. Coastal Dredging issued a payment claim under the Building and Construction Industry Payments Act 2004
- St Hilliers Construction Pty Ltd (In Administration) -v- Fitzpatrick Investments Pty Ltd  NSWSC 804
The Contractor and the Principal entered into a design and construct building contract for the construction of a commercial building Melbourne. The contract required provision by the Contractor of bank guarantees as security for performance.
- Spiers Earthworks Pty Ltd v Landtec Projects Corp Pty Ltd (No 2) (2012) 287 ALR 360;  WASCA 53
Landtec contracted with Spiers on 21 February 2005 to carry out works for the subdivision of a parcel of land in line with the general conditions of AS2124-1986 (first contract) with a potential completion date
- Don’t Get Burned by the Carbon Tax
The introduction of the carbon tax from 1 July 2012 will impact upon the building and construction industry even though builders may not have to pay the tax directly.
- GMW Urban v Alexandria Landfill  NSWSC 237
GMW Urban had constructed a waste facility at Eastern Creek and provided bank guarantees in the sum of $695,000 under a contract made with Alexandria Landfill Pty Ltd (ALF.)
- Westport Insurance Corporation v Gordian Runoff LTD  HCA 37
The case arose out of a claim in arbitration for indemnity by Gordian in respect of certain policies of reinsurance and whether s18B of the Insurance Act applied to support claims under 7 year not 3 year runoff policies…
- Denis McFadden V Daniel John Turnbull  NSWSC 1294
In 2009, Hickory Hill Pty Ltd and Denis McFadden entered into a tripartite building contract with Daniel John Turnbull to build a new home on the property of Hickory Hill…
- Oppedisano v Micos Aluminum Systems  NSWSC 53
The Plaintiff owned property which contained 4 separate single occupancy units. The plaintiff resided in one, and members of his family resided in others. The Defendant was contracted to perform glazing work on the property…
- Machkevitch v Andrew Building Constructions  NSWSC 546
The Builder took a claim to adjudication under the Building and Construction Industry Security of Payment Act 1999 (the Act) and a determination was made in the Builder’s favor. The proprietor then went into liquidation…
- Precision Coating Services Pty Limited and Another v Building Equipment Services Pty Ltd  NSWSC 550
The New South Wales Supreme Court has recently confirmed that a finding based on no evidence constitutes an error of law. Contract Managers should ensure that even the obvious is fully proved…
- Rail Corporation of NSW v Nebax Constructions  NSWSC 6
Nebax lodged a Payment Claim with five invoices, all endorsed as Payment Claims under the Act. Rail Corp provided five Payment Schedules. Nebax then made five Adjudication Applications…
- Vincent Nominees Pty Ltd v Western Australian Planning Commission  WASC 28
Vincent Nominees Pty Ltd (“Vincent”) and Western Australian Planning Commission (“WAPC”) entered into a contract to sell two lots of land. The dispute relates to Lot 8, where WAPC had only paid 75% of the market price…
- Australian Competition and Consumer Commission v Google Inc  FCAFC 49
The case was on appeal from a single judgement of the Federal Court from September 2011, in which the Court found in favour of Google Inc. ACCC had alleged that Google Inc in providing “sponsored links” had engaged in misleading and deceptive conduct under the Trade Practices Act 1974…
- Walton v Illawarra  NSWSC
This is an important case for Superintendents in their management of contracts.
- McGrath Corporation PTY LTD V. Global Construction Management PTY LTD & Ian Vincent Taylor  QSC 178
- John Holland Pty Ltd v Walz Marine Services Pty Ltd -&- Ors  QSC 39 Queensland Supreme Court 11 March 2011
John Holland, the main contractor on a new wharf and coal loading facility in North Queensland subcontracted Walz Marine Services to build the extension of the wharf which already extended 1km out to sea.
- Steel v Beks  NSWSC 1404 New South Wales Supreme Court 6 December 2010
Steel (“the Plaintiff”) is a supplier of temporary building structures and Beks (“the Defendant”) is a building contractor. The Defendant erected a structure for the Plaintiff at various sites around Australia.
- Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No.2)  QSC 457 Queensland Supreme Court 6 December 2010
Flea’s Concreting (“the Respondent”) was subcontracted by Hansen Yuncken (“the Applicant”) to perform certain construction works.