Protectavale Pty Ltd v K2K Pty Ltd
| Jurisdiction | Australia Federal only |
| Judgment Date | 19 August 2008 |
| Neutral Citation | [2008] FCA 1248 |
| Court | Federal Court |
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4 cases
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Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The 250 East Terrace Case)
...72 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; (2020) 282 FCR 580 Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd (No 2) [2013] SASCFC 124 Singtel Optus Pty Ltd v Australian Competition ......
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Australian Timber Products Pte Ltd v APacific Construction & Development Pte Ltd
...1140 (refd) Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (2005) 64 NSWLR 462 (refd) Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 (refd) RN & Associates Pte Ltd v TPX Builders Pte Ltd [2013] 1 SLR 848 (refd) Sungdo Engineering & Construction (S) Pte Ltd v Italcor Pte Ltd......
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Libra Building Construction Pte Ltd v Emergent Engineering Pte Ltd
...advanced by George. [emphasis added in underline] The same approach was taken in the decision in Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 (in relation to s 14 of the Building and Construction Industry Security of Payment Act 2002 (No 15 of 2002) (Vic)), where the Federal Court of ......
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Progressive Builders Pte Ltd v Long Rise Pte Ltd
...to a degree reasonably sufficient to apprise the parties of the real issues in the dispute. In Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248, Finkelstein J stated at [12]: Nonetheless a payment claim must be sufficiently detailed to enable the principal to understand the basis of the c......
5 firm's commentaries
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Security Of Payment Claims - What Is Required?
...recent Federal Court decision in Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 provides a valuable reminder of the minimum requirements for submitting valid payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SoP Act). The facts Protectavale ......
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The Price To Pay For Victorian Payment Claims
...the recent decision of Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248, the Federal Court has held that a claim under the Building and Construction Industry Security of Payment Act 2002 (Vic) must clearly identify the construction work as the subject of the claim, and include a breakdown......
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Case Law Update - Claimants Beware - Payment Claims Must Identify 'Construction Work'
...Carlton-Smith Michelle Hall Peter Lamont Rebecca Roylance Andre Dauwalder In Protectavale Pty Ltd v. K2K Pty Ltd, [2008] FCA 1248 Federal Court of Australia considered the Victorian payment legislation and the provision of the Victorian Act which is equivalent to section 17 (2) of the Queen......
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Identifying Construction Work In Payment Claims ' Correctly Identify, Or Pay The Price
...they should be applied in a common sense practical manner.7 Useful observations can also be found in Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248, in which Finkelstein J Payment claims are usually given and received by parties experienced in the building industry who are familiar with......
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1 books & journal articles
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Security for performance
...nominated subcontractors – may reclaim that money from the third party through the equitable remedy of tracing. 36 Ltd v K2K Pty Ltd [2008] FCa 1248 at [26]–[27], per Finkelstein J; In the matter of Lehman Brothers International (Europe) (In Administration) [2012] UKSC 6 at [2], per Lord ho......