DJE BUILDING SERVICES PTY LTD v INSURANCE AUSTRALIA LIMITED [2011] NSWDC 95

DJE BUILDING SERVICES PTY LTD v INSURANCE AUSTRALIA LIMITED [2011] NSWDC 95

The builder was entitled to summary judgment for the claimed amount as there was no reasonable argument that precluded the builder from proceeding on the contract with the insurer alone under the Act, and therefore no arguable defence to the builder’s statutory claim for progress payment.

Jurisdiction
Australia
Judgment Date
08 August 2011
Procedural Posture
Summary Judgment Application / Decision on Summary Judgment Motion
Outcome
motion granted
Legal Topics
['progress Payments' 'construction Contracts' 'arrangement Under Building and Construction Industry Security of Payment Act 1999' 'residential Building Work Exemption' 'summary Judgment' 'contractual Relationships']
['construction Law' 'insurance Law' 'civil Procedure'] ['progress Payments' 'construction Contracts' 'arrangement Under Building and Construction Industry Security of Payment Act 1999' 'residential Building Work Exemption' 'summary Judgment' 'contractual Relationships']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summary Judgment Application / Decision on Summary Judgment Motion

Legal Issues

  1. 1 ["Whether the agreements between builder, insurer, and occupants constituted an 'arrangement' under the Building and Construction Industry Security of Payment Act 1999" "Whether such an arrangement is excluded from the Act's operation by s 7(2)(b)" 'Whether the builder could proceed under the Act on the basis of the construction contract with the insurer alone']

Ratio Decidendi

The builder was entitled to summary judgment for the claimed amount as there was no reasonable argument that precluded the builder from proceeding on the contract with the insurer alone under the Act, and therefore no arguable defence to the builder’s statutory claim for progress payment.

Court Disposition

motion granted

Orders

  • ['Summary judgment is granted in favour of the builder (DJE Building Services Pty Ltd) against the insurer (Insurance Australia Limited) for the amount of the progress payment claimed.']