Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
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  • 18th November 2013
    Westshield Limited v Mr David Whitehouse and Mrs Lisa Whitehouse [2013] 3576 EWHC (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 18.11.2013 SUMMARY The fact that the claimant in an adjudication had entered into a Company Voluntary Arrangement (“CVA”) was not a bar to adjudication as such. Where, however, the CVA provided for an account to be taken of mutual credits and debts as between the parties with only the net amount (if any) admitted to proof in the CVA, the Court would not give summary judgment for the amount of the adjudicator’s award. Technology and Construction Court, Mr Justice Akenhead  BACKGROUND In August 2007, Mr and Mrs Whitehouse employed Westshield to carry out substructure works to their house for a contract sum of £262,074.07. The works were due to complete by 18 January 2008 but overran and completed around April 2009. The contract...
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  • 15th November 2013
    Enerflex Process Pty Ltd v Kempe Engineering Services (Australia) Pty Ltd [2013] WASC 406
    Corporations Act 2001 (Cth) - Application to set aside statutory demand - Demand based on judgment determined after adjudication under Construction Contracts Act 2004 (WA) - Whether 'genuine dispute' or off-setting claim
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  • 14th November 2013
    Ling Chan v Stuart Wood and Kai Design & Construction Pty Ltd [2013] ACTSC 228
    Declaration sought that adjudicator fell into jurisdictional error – whether plaintiff’s intention at time of entering into contract was to reside in property – consideration of plaintiff’s intention – Building and Construction Industry (Security of Payment) Act 2009 s 9(2)(b)
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  • 14th November 2013
    Draybi One Pty Ltd v Norms Carpentry & Joinery Pty Ltd [2013] NSWSC 1676
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 - - determination of reference date - whether two identical payment claims were in respect of the same reference date - whether the Act precludes service of second payment claim.
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  • 13th November 2013
    Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd [2013] WASC 407
    Corporations Act 2001 (Cth) - Application to set aside statutory demand - Demand based on judgment determined after adjudication under Construction Contracts Act 2004 (WA) - Whether 'genuine dispute' or off-setting claim
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  • 11th November 2013
    Roe Brickwork Limited v Wates Construction Limited [2013] EWHC 3417 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary An adjudicator had not breached the rules of natural justice or acted outside his jurisdiction when he assessed the value of the claims on a different basis from that argued by the parties, as he had simply calculated the sums owed to the claimant in a ‘slightly different way’.  Even if this was wrong, the alleged breach of natural justice was not material as it had no effect on the quantum of the claim that was adverse to the defendant’s position. Technology and Construction Court Mr Justice Edwards-Stuart background Wates Construction Ltd (‘Wates’) was the main contractor for the construction of three blocks of flats on an estate in Tower Hamlets, London. Wates appointed Roe Brickwork Ltd (‘Roe...
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  • 8th November 2013
    Kullen Pty Ltd trustee for the Gismondi Family Trust ta Italsteel Structural Engineering WA v Rostruct Pty Ltd [2013] WADC 172
    Contract - Contract formation - Construction - Whether fixed sum or rates contract - Contractual terms - Interpretation of contract terms - Breach of contract - Alleged repudiation - Right to terminate - Damages - Overpayment
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  • 5th November 2013
    TQM Design and Construct Pty Ltd v Department of Finance and Services [2013] NSWADT 249
    Home building - disciplinary action - breach of statutory warranty - improper conduct – penalty
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  • 4th November 2013
    The MICIC Nominees Trust t/a Capital Projects & Developments & Red Ink Homes Pty Ltd [2013] WASAT 117
    Construction Contracts Act 2004 (WA) - From when time runs, pursuant to implied term cl 7(3) Sch 1 Div 5 of Construction Contracts Act 2004 (WA) - Section 61(1)(b), (e) and (h) of the Interpretation Act 1984 (WA) – Specified day - Specified event - Common law rules on computation of time - Is the time for an event the whole day? - When does a payment dispute arise? - Is the day on which the payment dispute arises to be included or excluded when calculating 'within 28 days after the dispute arises' for s 26 of Construction Contracts Act 2004 (WA)? - Relevance of privity of contract as to whether application was prepared and served in accordance with s 26 of Construction Contracts Act 2004 (WA)
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  • 31st October 2013
    Kellett Street Partners Pty Ltd v Pacific Rim Trading Co Pty Ltd [2013] QSC 298
    Building, Engineering and related contracts – Remuneration – Recovery – where the applicant and first respondent entered into an oral contract for building work – where work was done until March 2012 – where the first respondent made various payment claims under the Building and Construction Industry Payments Act 2004 (Qld) – where those claims were adjudicated – where two disputed claims included claims for some of the same construction work performed in other, earlier claims – whether the payment claims were invalid – whether the applicant is entitled to declaratory relief
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