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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-
3rd March 2004MD Webster Constructions P/L v Rhinosteel P/L [2004] NSWSC 106Appeal of local court registrar's decision - set aside default judgment ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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27th February 2004Specialist Ceiling Contractors v ZVI Construction [2004] 4T-0006 1 Leeds 00.03.2004This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator that receives "without prejudice" correspondence will still be able to proceed with the adjudication if it he acts in an objectively unbiased manner. Judge S P Grenfell, Technology and Construction Court 27 February 2004 Specialist Ceiling Services Northern ("SCSN") were engaged by ZVI Construction (UK) Limited ("ZVI") under a DOM/2 subcontract to carry out works at the Holiday Inn in Bradford. Disputes arose involving variations, extensions of time, delay, and loss and expense. During attempted negotiations to reach a resolution, ZVI made a without prejudice offer to settle the account. SCSN rejected this offer and commenced adjudication, claiming £400,000 from ZVI. In the referral notice SCSN referred...
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27th February 2004Amec Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWHC 393 (TCC)
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26th February 2004Branlow Ltd v Dem-Master Demolition Ltd [2004] A904/03 Lothian
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26th February 2004Paynter Dixon v Tilston [2004] NSWSC 85Administrative Law - decision of adjudicator appointed under the Building & Construction Industry Security of Payment Act 1999 (NSW) - order in the nature of certiorari sought - held no jurisdictional error on part of adjudicator. - Trade Practices - misleading or deceptive conduct - whether attachment to payment claim constituted misleading or deceptive conduct - held no misleading or deceptive conduct.
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25th February 2004Transgrid v Siemens [2004] NSWSC 87ADMINISTRATIVE LAW - Whether the determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) is open to judicial review - Order in the nature of certiorari sought - discretionary considerations as to the granting of relief - relief refused on discretionary grounds. CONTRACT LAW - Construction contract - progress claims issued pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) - Discussion as to whether an adjudicator can exercise the powers of a certifier under the construction contract.
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24th February 2004Arpic P/L v Austin Australia P/L [2004] NSWSC 83CORPORATIONS - voluntary administration - leave to proceed against defendant company in administration - whether plaintiff's application to amend summons is caught by s.440D - whether leave to proceed should be granted in respect of amendment application and summary judgment application where plaintiff seeks restitution on basis of conduct declared by statute to be "unlawful" ACTS CITED: Building and Construction Industry Security of Payments Act 1999, s.23, Part 3 of Schedule 2 -Corporations Act 2001 (Cth), s.440D
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23rd February 2004Isis v Clarence [2004] NSWSC 73Practice & Procedure - Summary judgment application pursuant to Pt 15 r 2 of Supreme Court Rules - motion dismissed - Contract Law - Construction contract - progress claims issued pursuant to Building & Construction Industry Security of Payments Act. Whether payment claims could be made between practical completion and the expiration of the defects liability period. Held no triable issue. Whether progress claims were supported by the evidence and information required by the contract and the Act. Held to be a triable issue - whether progress claims made in conravention of s13(5) of the Act. Held no triable issue.
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20th February 2004Bath & North East Somerset D.C. v Mowlem Plc [2004] EWCA Civ 115
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20th February 2004Westminster Building Company Ltd. v Beckingham [2004] EWHC 138This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudication procedure was found to have been incorporated into a contract for refurbishment works despite the fact that the defendant had not signed the contract. The defendant was deemed to have accepted the contract by conduct since he had failed to object to the content of the contract and allowed the claimant to continue with the work. Judge Anthony Thornton QC, Technology and Construction Court 20 February 2004 The claimant tendered for extensive refurbishment works to a property owned by the defendant. The work was described in a specification and associated drawings prepared by a firm of chartered surveyors employed by the defendant. Part 1 of the specification, entitled "General Conditions of Contract", defined the parties to the contract...