Articles

Matthew Graham

Posted Jan 23, 2019 SOPA: What does it mean for Adjudicators to act “In Good Faith”?
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Casenote: Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276 In this judgment, the Court of Appeal considered the requirement of adjudicators under the Building and Construction Industry Security of Payment Act 1999 (“the Act”) to act “in good faith” when preparing adjudication determinations. Background and Relevant Facts Goodwin Street Developments […]

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Posted Jul 26, 2018 Reference Dates Will Accrue
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A recent decision of his Honour Justice Stevenson in the Supreme Court of NSW dealt with a challenge brought by the unsuccessful party to an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (“the Act”). The main issues addressed by the Court were whether or not the relevant Payment Claim […]

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Posted May 29, 2018 Error in Construction or a Wrong Understanding of Law?
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Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 In a judgment published on 21 May 2018, the Court of Appeal considered the application of section 22(3)(b) of the Building and Construction Industry Security of Payment Act 1999 (“the Act”), namely, the requirement that an Adjudicator’s determination must “include the reasons for […]

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Posted Jan 29, 2018 “Legally Unreasonable”: Perhaps New Ground to Challenge Adjudication Determinations?
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Case Note: Bouygues Construction Australia Pty Ltd v Southern Cross Electrical Engineering Ltd In this recent decision on whether or not to grant an interlocutory injunction, the Supreme Court considered what might constitute a “jurisdictional error” for the purposes of challenging an Adjudication Determination. Background and Relevant Facts Southern Cross Electrical Engineering Ltd (“Southern Cross”) […]

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Posted Nov 17, 2017 A Deeming Provision and a Contractual Fiction
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Case Note All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 Earlier this year, we wrote about the decision of the Supreme Court of NSW in the matter of Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd, in which the Court found in favour of the plaintiff. […]

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