Each edition of Casewatch is a topical report on a recent case affecting the construction, development and/or project industries.

  • NOVAWEST CONTRACTING V TARA NOMINEES (1998) 5374 OF 98
    Novawest was the contractor appointed by Tara Nominees to conduct building work in Melbourne. The contract between the parties was an AS2124-1992 contract and an independent superintendent was appointed by Tara Nominees…
  • NP GENERATIONS PTY LTD V FENELEY [2000] SASC 240
    NP was a real estate agent and a rental property manager. Feneley was employed by NP as the manager of its rental property business…
  • ORACAL INT. V. INTERNATIONAL PROFESSIONAL TRADERS [1999] NSWSC 753
    Oracal supplied cordless telephones to Tandy and began negotiations to also supply computers to Tandy. As Oracal did not at the time deal in computers it purchased computers from International Professional Traders (trading as Datcom)…
  • ORAKA PTY LIMITED & ANOR V. LEDA HOLDINGS LIMITED (1997) ATPR 41-558
    Woolworths grocery chain wished to establish marketplace shopping centres; one proposed site was near Rosemeadow. This site was subsequently sold to Leda Holdings…
  • OVERLOOK V FOXTEL [2002] NSWSC 17
    Overlook Management BV (“Overlook”) entered into a contract with Foxtel Management Pty Limited (“Foxtel”) whereby Foxtel would purchase non-English television program content from Overlook for its pay television system…
  • PACIFIC GENERAL SECURITIES LTD & ANOR V SOLIMAN & SONS [2006] NSWSC 13
    Pacific General Securities (“Pacific”) and Finmore Holdings, as owners, entered into a construction contract with Soliman & Sons Pty Ltd (“Soliman”) to carry out demolition and construction works at 3-11 Hawkesbury Avenue, Dee Why. Soliman delivered a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) to Pacific in the amount of $440,189.98 and proceeded to Adjudication.
  • PAVEY & MATTHEWS PTY LTD V PAUL (1987) 162 CLR 221
    Pavey & Matthews Pty Ltd (‘Pavey’) held a builders’ licence under the Builders Licensing Act 1971 (NSW). Pavey sued Paul for the value of work done and materials supplied under an oral contract…
  • PEAK CONSTRUCTION (LIVERPOOL) LTD V MCKINNEY FOUNDATION LTD (1970) 1 BLR 111
    Peak Construction (Liverpool) Ltd (‘Peak’), the head contractor, contracted with the employer, Liverpool Corporation (‘the corporation’) for the erection by Peak of certain high rise buildings. McKinney Foundation Ltd (‘McKinney’) was the nominated subcontractor for the foundations…
  • PENINSULA BALMAIN PTY LTD V ABIGROUP CONTRACTORS PTY LTD [2002] NSWCA 211
    Abigroup and Peninsula entered into an AS2124 building contract. In September 1999, Abigroup sought payment of a progress claim…
  • PERINI CORPORATION V COMMONWEALTH OF AUSTRALIA [1969] 2 NSWLR 530
    Perini Corporation (“Perini”) entered into a building contract with the Commonwealth of Australia (“Cth”) to build the Redfern Mail Exchange which appointed the Director of Works as the certifier…
  • PERINI PACIFIC LTD V GREATER VANCOUVER SEWERAGE & DRAINAGE DISTRICT (1966) 57 DLR (2D) 307
    The owner, Greater Vancouver Sewerage and Drainage District (‘GVSDD’) failed to deliver in good repair certain engines to be incorporated into a building and that was shown by the builder, Perini Pacific Ltd (‘Perini’) to have caused material delay in the work…
  • PERRE V APAND PTY LTD [1999] HCA 36
    Apand was a national manufacturer of potato crisp chips which supplied experimental potato seeds to Sparnon in the Berri region of South Australia. Sparnon and his potato growing neighbours (who included Perre and the other Plaintiffs) had a lucrative trade selling potatoes to Western Australia as the price of potatoes in Western Australia was higher than in South Australia…
  • PERUM BUILDING CONSTRUCTION V TALLENFORD [2007] WASCA 245

  • PIRT BIOTECHNOLOGIES PTY LTD V PIRTFERM LTD [2001] WASCC 96
    Pirtferm was the owner of a patent for a waste disposal process and wished to commercially develop this process. Professor Pirt and Dr Pirt, the directors of Pirtferm, entered into negotiations with Eley and Castledine to commercially exploit the patent and eventually the Pirts, Eley and Castledine executed a letter of intent…
  • PP CONSULTANTS PTY LTD V FINANCE SECTOR UNION [2000] HCA 59
    PP conducted a branch agency for St George Bank in conjunction with its pharmacy. Under the contract with the Bank, PP was required to collect deposits, transact withdrawals, open deposit accounts and process applications for personal for the Bank’s customers. PP nominated Moffat who was a former employee of the bank to work at the bank branch agency…
  • PRATT CONTRACTORS LTD V PALMERSTON NORTH CITY COUNCIL [1995] 1 NZLR 469
    The defendant council had called for tenders for the construction of a flyover. The tenderers had to pre-register and to pay a non-refundable $100 deposit. When lodging a tender, each tenderer had to pass an evaluation. The tender to be accepted would be the lowest price tenderer…
  • QUEENSLAND ICE SUPPLIES PTY LTD V ANCO AUSTRALASIA PTY LTD [2000] QSC 72
    Queensland Ice manufactured and sold ice products in Queensland, and operated two ice making machines which were serviced by one condenser…
  • QUEENSLAND WIRE INDUSTRIES V THE BROKEN HILL PROP CO (1988) 167 CLR 77
    BHP manufactured ‘Y Bar’, a product used for the popular ‘star picket post’ style of fencing in rural Australia. This product was sold mostly to AWI, a wholly owned subsidiary of BHP. BHP and AWI held the vast majority of the Australian market as far as this product as concerned…
  • REIBY STREET V WINTERTON [2005] NSWSC 545
    Reiby Street Apartments Pty Ltd (‘Reiby’) entered into a Contract with Winterton Constructions Pty Ltd (‘Winterton’) for the construction of a two-level basement car park, 23 residential apartments and four shops in Newtown, Sydney. Winteron served a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) on Reiby and the matter proceeded to Adjudication.
  • RENARD CONSTRUCTIONS (ME) PTY LTD V MINISTER FOR PUBLIC WORKS (1992) 26 NSWLR 234
    The Minister for Public Works (“the Principal”) entered into two NPWC contracts with Renard Constructions (ME) Pty Ltd (“the Contractor”) for the construction of pumping stations as part of a sewerage project in the Gosford/Wyong area…

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