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MTECC NEWS

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

Current and previous newsletters

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 – the date of accrual of a cause of action under an insurance policy ||| MTECC News edition 19.6

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 – the date of accrual of a cause of action under an insurance policy In Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy to determine when the cause of action for breach of

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John Beever (Aust) Pty Ltd v Paper Australia Pty Ltd [2019] VSC 126 ||| MTECC News edition 19.5

John Beever (Aust) Pty Ltd v Paper Australia Pty Ltd [2019] VSC 126 This decision of Lyons J appertained to an application in respect of three separate payment claims pursuant to sections 16(2) and 17(2) of the Building and Construction Industry Security of Payment Act 2002 (the “SOPA”). Noting and discussing the summary nature of the applications, and

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HOMEOWNER SUCCESSFULLY APPEALS VCAT DECISION: Fullinfaw v Neil Fletcher Design Pty Ltd [2019] VSC 142 (12 March 2019) ||| MTECC News edition 19.4

HOMEOWNER SUCCESSFULLY APPEALS VCAT DECISION: Fullinfaw v Neil Fletcher Design Pty Ltd [2019] VSC 142 (12 March 2019)   Background The Domestic Building Contracts Act 1995 (Vic) (‘Act’) allows no fault termination in accordance with section 41 of the Act. On 23 June 2016 the owners validly terminated a building contract entered into on 22 January 2015. The Tribunal ordered that the

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NSW Court of Appeal rejects “Facade” Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11 (12 February 2019) ||| MTECC News edition 19.3

NSW Court of Appeal rejects “Facade” Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11 (12 February 2019) Seymour subcontracted Ostwald to perform road works on the Pacific Highway. Ostwald served a progress payment claim for $6,351,066.08 pursuant to the Building and Construction Security of Payment Act 1999 (NSW) (Act). Seymour responded by payment schedule proposing to pay $2,505,237.58.

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Supreme Court of Western Australia Court of Appeal refuses to set aside an arbitration award made by two arbitrators notwithstanding a finding of misconduct on the part of the third arbitrator by reason of his non-participation in the arbitral process ||| MTECC News edition 19.2

Supreme Court of Western Australia Court of Appeal refuses to set aside an arbitration award made by two arbitrators notwithstanding a finding of misconduct on the part of the third arbitrator by reason of his non-participation in the arbitral process.   In Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd [2019] WASCA 16 (29 January 2019)

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Cockram Construction Limited v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 ||| MTECC News edition 19.1

Cockram Construction Limited v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107   An adjudicator determined that Cockram, as subcontractor to Fulton Hogan, was entitled to be paid $8,307,337.72 in respect of extensions of time.  In defence of the claim, Fulton Hogan relied upon clause 22(1)(e) of the subcontract, which provided as a pre-condition to entitlement to

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