Austlii (High Court of Australia) Lien – Equitable – Contract for provision of work, labour and materials – Progress payments – Whether lien obtained over unfinished object – Whether dependent upon right to specific enforcement of contract.
Contract – Character – Work, labour and materials or sale of goods.
Bankruptcy – Preference – Contract for prefabrication of house – Risk with builder until practical completion – Property not to pass until full payment of price – Progress payments – Builder placed in liquidation before completion – Prior agreement for purchaser to pay for work done after last progress payment and take unfinished house – Whether preference – Companies Act 1961 (W.A.), section 293 – Bankruptcy Act 1966 (Cth), s. 122.
Citations:
(1983) 149 CLR 639, [1983] HCA 7
Links:
Jurisdiction:
Australia
Cited by:
Cited – Chattey and Another v Farndale Holdings Inc and others CA 11-Oct-1996
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees.
Held: The one appeal . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Contract, Insolvency
Updated: 04 December 2022; Ref: scu.259719