Case Reports

Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477

In Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 (23 September 2011), His Honour Mr Justice Macaulay was considering, among other things, whether documents brought into existence for the purpose of an adjudication under the Building and Construction Industry Security of Payments Act 2002 (Vic) could attract litigation privilege. His Honour considered whether the statutory adjudication process was an “Australian proceeding” for the purposes of …  Find out more

Director of Housing of State of Victoria v StructX Pty Ltd (trading as Bizibuilders) [2011] VSC 410

In Director of Housing of State of Victoria v StructX Pty Ltd (trading as Bizibuilders) [2011] VSC 410, Vickery J (the Judge in Charge of the Technology and Construction List) was considering an adjudication determination and the meaning of “in the business of building residences”.

“Structx” was a builder, constructing homes in Hamilton, for the Director of Housing of the State of Victoria. The Director sought to have the determination quashed on the grounds th…  Find out more

Ipex ITG Pty Ltd (in liq) v State of Victoria [2010] VSC 480 (29 October 2010)

In Ipex ITG Pty Ltd (in liq) v State of Victoria [2010] VSC 480, the Supreme Court (Sifiris J) was considering a claim by an unsuccessful tenderer that the Victorian government had breached its contractual duty in relation to the evaluation of tenders for the Parleynet project in 2003. His Honour reviewed the authorities and concluded:
1. Each tender must be considered on its own facts, including the tender and/or related documents, and the relevant context and circumstances, to determ…  Find out more