Lacrosse Appeal: Findings and Implications of Judgement
CASE STUDY – Tanah Merah Vic Pty Ltd v Owners Corporation No 1 and Ors [2021] VSCA 72 Background At around 2:23am on 24 November 2014 a fire broke out at the Lacrosse apartment tower (Lacrosse) which started from an incompletely extinguished cigarette butt left to burn out in a plastic container. The fire spread […]
Excluded amounts and payment claims under the Security of Payment Act (VIC)
CASE STUDY – Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 41 Facts of the Case Facade Designs agreed to install façade elements manufactured and supplied by Yuanda as part of the construction of commercial and residential towers at 447 Collins Street known as ‘the Arch on Collins’ for the price of […]
Who is the correct party to invoice?
PAYMENT CLAIMS MAY BE VALID IF SERVED ON PARTIES POTENTIALLY LIABLE, EVEN IF THEY ARE NOT THE CONTRACTING PARTY We acted for Collective Crane Hire (CCH) in a payment dispute with ICR Steel to provide cranage works on multiple projects. After CCH had started works onsite, verbal discussions occurred where ICR Steel directed CCH to […]
Successful Judgment for our Client!
At Level Playing Field Lawyers, we celebrate the success of our clients through the successful use of the Security of Payments Act. We would like to share with you a recent case study and the key takeaway points from the case for your reference. K&K Industries Ptd Ltd were undertaking a development project. They initially […]
Security of Payments – Case Study
Have you Agreed to Forgo amounts owed under a Construction Contract? In the recent case of Citi-con (VIC) Pty Ltd v 8-10 New St Richmond Pty Ltd (2020) VCC 1611 shows that an “accord and satisfaction” can extinguish liability under a Payment Claim. What is Accord and Satisfaction? It is the acceptance of something in […]