The Supreme Court of NSW has revisited the UK’s Society of Construction Law Delay and Disruption Protocol. Substantively and procedurally, his Honour Mr Justice Hammerschlag’s decision in White Constructions Pty Ltd v PBS Holdings Pty Ltd  NSWSC 1166  warrants attention. The fact that a method appears in the Protocol does not give it […]
Adjudication through the Looking Glass: The Court reflects on mirror-imaged SOPA challenges
Icon Co (NSW) Pty Ltd v AMA Glass Facades Pty Ltd  NSWSC 250 Sydney’s Opal Tower continues to attract attention. This time, the issue is an unusual security of payment (SOPA) tug-of-war between the builder and its glazing subcontractor, with the Supreme Court of NSW called upon to review successive SOPA determinations which had […]
The Seymour Whyte decision – is it time for a national SOPA?
Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) NSWCA 11 The NSW Court of Appeal has decided that SOPA enforcement is available to claimants in liquidation in NSW, contrary to its equivalent Court in Victoria.  The same statutory words now have consequences that differ north and south of the […]