Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation)

• 1. Equity
  2. › Rectification
  3. › Rectification of building contract
  4. › Common intention at time of execution
  5. › High standard of proof
  6. › Whether evidence supported finding of common intention not reflected in contract
  7. › Distinction between rectification by construction and rectification in equity
• 1. Building and Construction
  2. › Security of payment legislation
  3. › Adjudication application
  4. › Time limits
  5. › Invalid adjudication application made out of time
  6. › Whether invalid adjudication application precluded alternative statutory remedy
  7. › Whether making of invalid application constituted election between inconsistent statutory remedies
  8. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 16(2)(a)(i), 16(2)(a)(ii), 17(3)(d)
• 1. Building and Construction
  2. › Security of payment legislation
  3. › Contractor in liquidation
  4. › Whether Security of Payment Act capable of operating for benefit of contractor in liquidation in insolvency
  5. › Whether entitlement to progress payment under s 8(1) depends on claimant continuing to carry out construction work
  6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8(1), 13, 15, 16
  7. › Corporations Act 2001 (Cth), s 553C
• 1. Practice and Procedure
  2. › Precedent
  3. › Intermediate appellate courts
  4. › Whether decision of Victorian Court of Appeal plainly wrong and should not be followed
  5. › Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247

Quick Take