Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 10th June 2014
    Kellogg Brown & Root Pty Ltd v Doric Contractors Pty Ltd [2014] WASC 206
    Corporations Law - Statutory demand - Application to set aside demand pursuant to s 459H(1)(a) (genuine dispute) and s 459J(1)(b) (some other reason) - Abuse of process - Parallel judicial review proceedings. Building and construction - Construction Contracts Act 2004 (WA) - Attempt to enforce a determination using the statutory demand process - Failure to seek leave to enforce pursuant to Construction Contracts Act s 43(2).
  • 10th June 2014
    Charles Henshaw and Sons Ltd v Stewart and Shields Ltd [2014] CSIH 55
  • 6th June 2014
    Ball Construction Pty Ltd v Conart Pty Ltd [2014] QSC 124
    Where the applicant and a company entered into a building contract – where that company and the first respondent entered into a deed of assignment with the consent of the applicant – where the director of the original construction company swore a statutory declaration – where the director of the first respondent also swore a statutory declaration – where the statutory declarations stated that no variations, claims or disputes existed – whether the statutory declarations and the agreement to enter into a deed of assignment created an estoppels
  • 6th June 2014
    Axis Plumbing NT Pty Ltd v Option Group (NT) Pty Ltd and Anor [2014] NTSC 22
    Construction – Security of payment – Determinations – Validity of – Jurisdictional error – Review by Supreme Court – Functions of Court on judicial review - Construction Contracts (Security of Payments) Act 2004 (NT) ss 27, 33(1)(a), 48(3)
  • 4th June 2014
    FAL Management Group v Denham Constructions [2014] NSWSC 747
    Building contracts - adjudication determinations – whether plaintiff can appropriate payment made in respect of an earlier adjudication determination against a later payment claim Procedure - interlocutory injunctive relief - whether as a matter of discretion relief should be granted Procedure - costs - general rule costs follow the event
  • 3rd June 2014
    MRCN Pty Ltd t/a Westforce Constructions and ABB Australia Pty Ltd [2014] WASAT 59
    Construction contract - Meaning of 'hearing de novo' under Construction Contracts Act 2004 (WA) - Discretion to allow additional material upon review - Procedural fairness - Rules of natural justice - Reading down the general powers of review against the provisions of the enabling Act
  • 23rd May 2014
    Lovell Partnerships Ltd v Merton Priory Homes [2014] EWHC 1615 (TCC)
  • 21st May 2014
    Mudri v Queensland Building and Construction Commission [2014] QCAT 222
    Permitted Individual – where the applicant was a director of a company – where the company was liable to make a payment to a third party under the Building and Construction Industry Payments Act 2004 (Qld) – liability to pay as a matter of law – where applicant commenced proceedings against the third party – whether not paying the adjudicated amount constitutes a reasonable step for the purposes of s 56AD(8) amounts to reasonable step
  • 15th May 2014
    Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd [2014] EWHC 1533 (TCC)
  • 2nd May 2014
    Northbuild Construction Sunshine Coast Pty Ltd v Beyfield Pty Ltd [2014] QSC 80
    where the applicant, as head contractor, entered into a construction contract with the first respondent, as subcontractor – where the first respondent made a payment claim pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to an adjudicator – where the adjudicator ordered the applicant to pay the first respondent – where the applicant seeks judicial review of the adjudicator’s decision - where the applicant contends that the adjudicator’s decision was affected by jurisdictional error – whether the adjudicator misinterpreted the contract – whether misinterpretation of the contract amounts to a jurisdictional error.