Grandview Ausbuilder Pty Ltd v Budget Demolitions & Excavations Pty Ltd (No 2) [2020] NSWSC 1307 — Pleadings & Technology And Construction List — Barrister AI
Grandview Ausbuilder Pty Ltd v Budget Demolitions & Excavations Pty Ltd (No 2)
› whether plaintiff’s claims should be struck out or dismissed
› where plaintiff claims liquidated damages for delay, damages for failure to complete contract works, restitution for overpayments and an entitlement to set-off debts due to the defendant
› plaintiff’s claims struck out in part
Civil Procedure
› Technology and Construction List
› Entry in
› where it is unknown whether proceedings will remain in the Supreme Court of NSW
› proceedings not transferred to construction list
Civil Procedure
› application to re-open case
› where plaintiff seeks leave to tender a deed of company arrangement and affidavit from administrator
› leave to tender deed granted
› where administrator’s affidavit of limited probative value
› leave to tender affidavit refused
Corporations
› Voluntary administration
› Deed of company arrangement
› whether defendant has been granted leave under s 444E(3) of the Corporations Act 2001 (Cth) to bring its cross-claim and proceed with motion for judgment
› whether leave should be granted and judgment entered
› where defendant seeks judgment on payment claim and plaintiff failed to pay or provide a payment schedule
› judgment ordered on condition defendant not entitled to execute against plaintiff’s assets
