CASENOTE: OPS Screening & Crushing Equipment Pty Ltd v. Gold Valley Iron Pty Ltd (In Liq) [2020] WASC 412
The Supreme Court of Western Australia was asked whether a hirer of equipment granted the lessor of that equipment a security interest that vested in hirer when it was placed in Administration under the Personal Property Securities Act 2009. The court found that there was no transfer of ownership to the hirer, no obligation on…
CASENOTE: CPB Contractors Pty Ltd v. Heyday5 Pty Ltd [2020] NSWSC 1625
In a challenge to a determination by an Adjudicator under the Building and Construction Industry Security of Payment Act 1999 the Supreme Court of New South Wales said that the reasons of an Adjudicator should be viewed by a court with ‘common sense and without undue legality’ rather than with an ‘overcritical or pedantic eye’.…
CASENOTE: Nationwide Plant Hire Pty Ltd v. Casal Corporate Advisory Pty Ltd [2020] VSC 688
A successful application to set aside a Statutory Demand on the grounds that there was a genuine dispute as to the existence of the debts on which it was based. The contract between the parties provided no mechanism to calculate the amount due and it could not be ascertained by reference to an objective standard.…
CASENOTE: Sunraysia Roofing Pty Ltd [2020] VSC 724
Successful application by Receivers to Supreme Court of Victoria for approval of their remuneration. The court discussed the principles that should be applied when deciding whether to approve a Receiver’s remuneration. View Casenote here: Re Sunraysia Roofing Pty Ltd [2020] VSC 724
About Richard
His practice is focused on Insolvency and Building and Construction. He is a Professional Member of the Australian Restructuring Insolvency and Turnaround Association (ARITA) and a former member of the Committee of the Building Dispute Practitioners’ Society (BDPS). He signed the Bar Roll in 1993.
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TRENDS IN CONSTRUCTION LAW AND INSOLVENCY LAW 