Brodyn Pty Ltd v Davenport

JurisdictionAustralia Federal only
CourtUnspecified Court (Australia)
Date2004
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163 cases
  • Ac Yule & Son Ltd v Speedwell Roofing & Cladding Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • Invalid date
    ....... . 29 Fourthly, Mr. Leabeater relied on a decision of the Court of Appeal of New South Wales in Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor (2004) 61 NSWLR 421 . That was a case concerned with the New South Wales adjudication ......
  • Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd
    • Australia
    • High Court
    • 14 February 2018
    ...70 (2010) 239 CLR 531 at 580–581 [96]–[98]. 71 s 32(3)(b) of the Security of Payment Act. 72 Neller [2009] 1 Qd R 390 at 401 [40]. 73 (2004) 61 NSWLR 421 74 Shade Systems (2016) 344 ALR 355 at 375 [84]–[85]. 75 See Building and Construction Industry Security of Payment Amendment Act 2010 (N......
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17 firm's commentaries
  • Requirement to comply with the procedural requirements in the SOP Act
    • Australia
    • Mondaq Australia
    • 13 May 2011
    ...and essential requirements for the existence of a valid determination by an adjudicator, as they appear in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 at 441, may also be characterised as essential pre-conditions for the existence of an adjudicator's determination. His Honour went on to ......
  • High Court dismisses two SOPA related appeals
    • Australia
    • Mondaq Australia
    • 9 March 2018
    ...340 ALR 193. 5 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770. 6 See for example Brodyn v Davenport (2004) 61 NSWLR 421 and Chase Oyster Bar v Hamo [2010] NSWCA 190 (Chase Oyster 7 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NS......
  • Challenging an adjudication decision under the Building and Construction Industry Payments Act for lack of good faith
    • Australia
    • Mondaq Australia
    • 20 January 2015
    ...contact Mr John Merlo, Special Counsel at Broadley Rees Hogan, Construction and Infrastructure. Footnotes 1 Brodyn Pty Ltd v Davenport [2004] 61 NSWLR 421 2 Holmwood Holdings Pty Ltd v Halkat Electrical Contractors Pty Ltd [2005] NSWSC 1129 3 [2005] NSWSC 1129 at [38]. 4 State of Queensland......
  • Security Of Payment – Two Important Decisions Overturned
    • Australia
    • Mondaq Australia
    • 19 January 2017
    ...it was not open to the first instance judge to depart from the previously consistently applied authority in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421; [2004] NSWCA 394. In any event, no sufficient reason had been put forward to doubt the correctness of Brodyn in which it was concluded ......
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