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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-
26th July 2010Ertech Pty Ltd v GFWA Contracting Pty Ltd [2010] WASC 181Building and construction - Payment dispute - Determinations by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgment of the Supreme Court Procedure - Judgments and order - Enforcement of judgments and orders Legislation: Civil Judgments Enforcement Act 2004 (WA) - Construction Contracts Act 2004 (WA), s 43
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23rd July 2010T & T Building Pty Ltd v GMW Group Pty Ltd & Ors [2010] QSC 211Contracts – Building, Engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claimsJUDICATION OF PAYMENT CLAIMS – where the Applicant was to submit monthly progress claims to the First Respondent – whether the Applicant and First Respondent varied the contract to allow the Applicant to issue progress claims every two weeks – whether post-agreement conduct can be used to determine the terms of a contract - Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where the First Respondent argued there was ‘double dipping’ in the Applicant’s payment claims – whether this...
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15th July 201057 Moss Rd Pty Ltd v T&M Buckley Pty Ltd [2010] QSC 278Procedure– Costs - Security for costs – where the applicant and the first respondent entered into a construction contract in 2008 – where work ceased in 2009 and the contract was eventually terminated – where the first respondent made a claim against the applicant in respect of the building works – where the second respondent conducted an adjudication in respect of that claim – where the applicant brought an application (Proceeding No 3037 of 2010) to have that adjudication set aside – where the applicant brought a claim for liquidated damages against the first respondent (Proceeding No 1737 of 2010) – where this application is brought by the first respondent for security for costs in Proceeding No 3037 of 2010 – where orders also sought that Proceeding No 3037 of 2010 and 1737 of 2010 be stayed – whether those orders should...
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13th July 2010Fileturn v Royal Garden Hotel [2010] EWHC 1736 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary Where an adjudicator has previously worked closely with the claims consultants representing a party to adjudication, this did not of itself give rise to a triable issue of apparent bias. There was one test for apparent bias and that was whether an informed and fair-minded observer, having considered the relevant facts, would conclude that there was a real possibility that the adjudicator was biased. Technology and Construction Court, Mr Justice Edwards-Stuart background The claimant (“Fileturn”) sought to enforce an adjudicator’s decision in the sum of about £220k (plus VAT) by way of summary judgment against the defendant (“RGH”). The application was resisted on the grounds of apparent bias on the part...
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1st July 2010Asian Pacific Building Corporation Pty Ltd v Aircon Duct Fabrication Pty Ltd & ors [2010] VSC 300Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudications conducted under Part 3 Division 2 of the Act – Basic and essential requirement of a valid adjudication determination – Requirements to assess whether work done (or goods and services supplied) and to value the work done (or goods and services supplied) – Adjudication determinations failed to value the work done – Adjudication determinations made beyond jurisdiction – Adjudication determinations declared void.
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29th June 2010Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710Contract – construction – building contract – alternative dispute resolution provision – where the parties refer disputes for expert determination which the provision provides is final and binding but subject to an appeal procedure which involves an attempted negotiated settlement – where the provision provides that the expert determination is to be final and binding unless reversed or overturned or otherwise changed under such procedure – where such procedure did not result in reversal, overturning or change – whether the parties intended the same claims to be determined by different tribunals – held expert determination binding
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28th June 2010GRD Group (NT) Pty Ltd v K & J Burns Electrical Pty Ltd [2010] NTSC 34Contracts – subcontract – construction of contracts – payment claims and security – criteria for valid payment claim – retention monies in subcontract for security – late completion of subcontract – reconciliation statements – time for payment of payment claims – whether tax invoices amount to payment claims – strict compliance for valid payment claim – whether repeat claims can be authorised by contract – motion for a declaration that the determination is void – stay of the judgment.