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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
30th March 2004Concrete Panel Co Prty Ltd (The) v Advanced Storage Systems (Vic) Pty Ltd [2004] VCC 2Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, s.16
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29th March 2004Isis Projects P/L v Clarence Street Ltd [2004] NSWSC 222Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - Amendments effected by the Building and Construction Industry Security of Payment Amendment Act 2002 - Whether following amending legislation the Act requires the respondent upon receiving a payment claim to set out any objection it may have to the claim (whether it be an objection arising out of the contract or otherwise) in a payment schedule, failing which the respondent is liable to pay the claim whether or not the claimant be in fact entitled to the progress payment - Application for summary judgment - Whether General Steel principles apply upon an application for summary judgment pursued by reference to the Building and Construction Industry Security of Payment Act 1999 where the parties final rights are reserved
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26th March 2004Daraydan Holdings Ltd v Solland International Ltd [2004] EWHC 622 (Ch)
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19th March 2004Gleeson v Devonshire Green Holdings [2004] TCC01504This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The parties are obliged to ensure that the Adjudicator's award is given effect. Withholding notices need to be served prior to adjudication and to be considered and dealt with as part of the adjudication. It would defeat the purpose of adjudication if an adjudicator's decision could be defeated by a withholding notice in respect of events which occurred subsequent to the commencement of the adjudication. HHJ Gilliland QC, QBD (TCC) Salford District Registry 19 March 2004 DGH engaged MJG to do work under a JCT 1998 With Contractor's Design standard form (with amendments). A dispute arose as to MJG's entitlement to payment pursuant to interim application number 31 and was referred to adjudication. The payment mechanism is set...
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12th March 2004Buxton Building Contractors Ltd v Governors of Durand Primary School [2004] EWHC 733This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Whilst an adjudicator is perfectly entitled to direct that given the nature and size of a dispute it is better dealt with by way of written submissions alone, he must himself ascertain the applicable facts and law. It is incumbent on him to identity fully all the issues that have arisen and to consider the submissions of both the disputing parties. A failure to do so may render his decision invalid both because he may fail to decide the dispute referred to him and because his decision may be intrinsically unfair. Judge Anthony Thornton QC, Technology and Construction Court 12 March 2004 A JCT contract was entered into whereby Durand Primary School (the "School") engaged the contractor Buxton Building Contractors Limited ("Buxton") to construct...
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12th March 2004Brambles Australia Ltd v Philip Davenport [2004] NSWSC 120Building and construction - progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 (NSW) - determination made by adjudicator - Administrative law - whether, and if so to what extent, judicial review of adjudications made pursuant to the Act is available - scope of relief available in the nature of a writ of certiorari - grounds upon which judicial review is available - Natural justice in relation to costs - Proper construction of section 7(2)(c) of the Act - Whether the consideration payable for construction work carried out under the contract or for related goods and services supplied under the contract was to be calculated by reference to the value of the work carried out or the value of the goods and services supplied - ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Evidence Act 1995 (NSW) - Interpretation...
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5th March 2004Aquatec - Maxcom Pty Ltd v Minson Nacap Pty Ltd [2004] VSCA 18Building and Construction - Standard form of contract - Construction of clauses 42 and 44 of A.S.4303-1995 considered - Entitlement of sub-contractor to obtain judgment for unpaid progress claims.
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4th March 2004Quasar Constructions v Demtech Pty Ltd [2004] NSWSC 116ADMINISTRATIVE LAW - judicial review of determination of adjudicator under Building and Construction Industry Security of Payment Act - whether jurisdicitonal error of law - unpaid balance of lump sum price awarded as progress payment where contract terminated and part of contracted work incomplete ACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.8, 9, 10, 13, 14, 22
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4th March 2004Quasar Constructions v A J Stockman Pty Ltd [2004] NSWSC 117ADMINISTRATIVE LAW - judicial review of determination of adjudicator under Building and Construction Industry Security of Payment Act - whether jurisdictional error of law - requirement that adjudicator have regard to contract price in assessing value of work - whether adjudicator exercised judgment ACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.8, 9, 10, 22