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Aug 22, 2024 | 
mondaq.com | Brett Vincent
AM Darlinghurst Investment Pty Ltd as trustee for
AM Darlinghurst Investment Trust v Growthbuilt Pty Limited
[2024] NSWSC 825
In general, communications and documents marked as "without
prejudice" cannot be used by the other party as evidence in
court. This ensures that parties can speak openly about the matter
in dispute and potentially reach settlements.
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Aug 19, 2024 | 
mondaq.com | Brett Vincent
Kazzi v KR Properties Global Pty Ltd t/as AK Properties
Group [2024] NSWCA 143 (Kazzi v KR Properties)
A recent Court of Appeal case confirms that in relation to a
claim under section 37 of the Design and Building Practitioners
Act 2020 (NSW) (DBP Act) the Court may assess
damages in a robust manner, relying on presumptions against the
wrongdoer and resolving doubtful quantum questions against the
party in breach.
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Jun 21, 2024 | 
mondaq.com | A Liquidator |Brett Vincent |Angie Kim
VY
Vincent Young
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Vincent Young is a true boutique construction, property + projects, employment + workplace relations firm. We are hands on. We manage every matter as if it were our own. We mix and match our lawyers and consultants to seamlessly produce cost effective, high quality work consistent with the client risk profile.
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Jun 3, 2024 | 
mondaq.com | Brett Vincent
This article deals with whether a payment claim under the
Building and Construction Industry Security of Payment Act
1999 (NSW) (SOPA) is valid notwithstanding it
is argued otherwise.
Under section 13(1C) of the SOPA a claimant is entitled to make
one payment claim after termination.
In Taylor Construction Group Pty Ltd v Adcon Structural
Group Pty Ltd [2023] NSWSC 723, Taylor Construction Group Pty
Ltd (Taylor) entered into two contracts with Adcon
Structural Group Pty Ltd (Adcon).
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Sep 8, 2023 | 
mondaq.com | Brett Vincent
Last year we published an article explaining a recent trend
concerning the imposition of design liability on contractors
through buildability clauses in construct only
contracts.
In this article we examine another trend concerning increased
design liability exposure to contractors' in design &
construct contracts.
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Aug 25, 2023 | 
mondaq.com | Brett Vincent
Under section 32A of the Building and Construction Industry
Security of Payment Act 1999 (NSW) (SOP Act),
the Supreme Court has a discretionary power to set aside the whole
or part of an adjudicators determination that has been impacted by
jurisdictional error.
In Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) [2023]
NSWSC 401, A-Civil Aust Pty Ltd (A-Civil)
commenced two jobs for Ceerose Pty Ltd (Ceerose)
under two separate subcontracts. A-Civil served Ceerose with two
payment claims.
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Aug 7, 2023 | 
mondaq.com | Brett Vincent
Amid a housing supply and cost of living crisis, NSW Government
has changed the Environmental Planning and Assessment Act
introducing a new 'Housing and Productivity Contribution'
that will immediately cost developers thousands. Undoubtedly the
additional cost will be funnelled back to the purchasers.
From 1 October 2023, the upfront construction tax will apply to
all development applications in NSW.
The contribution will cost developers $12,000 a house and
$10,000 a unit in Greater Sydney.
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Aug 2, 2023 | 
medium.com | Brett Vincent
Phishing Exposed1. IntroductionWelcome to phishing exposed! Today, we will be talking about phishing and the things that will help you understand and protect yourself from these types of attacks. Phishing is a deceptive cybercrime technique used by malicious individuals to trick unsuspecting individuals into revealing sensitive information, such as passwords or financial details. Understanding the tactics employed by phishers is crucial in safeguarding your personal and professional data.
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Jul 13, 2023 | 
mondaq.com | Brett Vincent
Case Note – Deaves v Sigma Group NSW Pty
Limited [2023] NSWCATAP 94
The Home Building Division of Civil and Administrative Tribunal
of New South Wales (NCAT) can determine
residential building work disputes typically involving breaches of
the statutory warranties in section 18B of Home Building Act
1989 (NSW) (HBA).
It was however commonly believed that NCAT cannot determine
claims against building professionals under the Design and
Building Practitioners Act 2020 (NSW) (DPBA).
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Jun 7, 2023 | 
mondaq.com | Brett Vincent
Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd
trading as AK Properties Group [2023] NSWSC
343 (Oxford v KR Properties)
Directors of contractors should be relieved to hear that in the
recent case of Oxford v KR Properties, the Supreme Court rejected a
claim against a contractor's director for breach of duty under
section 37 of the Design and Building Practitioners Act
2020 (NSW) (DBPA).
