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DC Concepts Pty Ltd v Gold Bundall Pty Ltd

DC Concepts Pty Ltd v Gold Bundall Pty Ltd

Case [2014] VCC 1558

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AGLC: DC Concepts Pty Ltd v Gold Bundall Pty Ltd [2014] VCC 1558
Case: [2014] VCC 1558
Decision Date: 3 October 2014

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DC Concepts Pty Ltd v Gold Bundall Pty Ltd [2014] VCC 1558

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Statutory Material Cited

McCarthy v State of Queensland [2013] QCA 268
Citation 1

…” connection between the defence and matters arising under the contract (paragraphs 47-49). 26 In McCarthy v State of Queensland [2013] QCA 268, the Court of Appeal considered whether a defence based upon non-compliance with s. 17(5) should deny the plaintiff summary judgment. Muir JA, with whom Gotterson and Mo…
T & M Buckley Pty Ltd v 57 Moss Rd Pty Ltd [2010] QCA 381
Citation 2

…23 In T & M Buckley Pty Ltd v 57 Moss Rd Pty Ltd [2010] QCA 381 Fraser and White JJA and Philippides J followed the decision of the New South Wales Court of Appeal in Nepean Engineering stating that, “ What was required was that the payment claim purports in a reasonable way to identify the work the subject of th…
Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2009] QSC 357
Citation 3

…nt claim was not entirely successful in identifying all of the work” [at paragraph 35]. 24 In Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2009] QSC 357 Lyons J considered whether a defence based on s. 17(5) of the Act had a real prospect of succeeding at trial. He relied upon statements by Palmer J in Br…
FK Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243
Citation 4

…7 as preconditions for the service of a valid progress claim. In FK Gardiner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243 at paragraph 24, Lyons J stated as follows: “ The Act sets up a statutory regime for the recovery of progress claims and it is dependent on a series of steps being completed. There must be a…
Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1
Citation 5

…) of the Act had a real prospect of succeeding at trial. He relied upon statements by Palmer J in Brookhollow Pty Ltd v R x R Consultants Pty Ltd [2006] NSWSC 1, a decision on the New South Wales equivalents of s. 17(4) and (5). Lyons J quoted with approval the statement of Palmer J at paragraph 48 that, “ the sc…
Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liq) [2005] NSWCA 409
Citation 6

…ns 17(2)(a), (4) and (5) rendered the progress claims a nullity. 21 In Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liquidation) [2005] NSWCA 409 Hodson JA stated as follows: “In my opinion, a document which purports to be a payment claim does not fail to be a payment claim, within the meaning of…

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