Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 8th August 2014
    Bruno Pisano -v- Georgia Dandris [2014] NSWSC 1070
    Home Building Act 1989 (NSW) ss 18B and 18E - defective work - claim for breach of statutory warranties by owner-builder - whether work performed in a proper and workmanlike manner - whether materials used in construction were suitable for the purpose for which they were used - whether dwelling reasonably fit for occupation as a dwelling - assessment of damages for breach of statutory warranties
  • 31st July 2014
    Kingston Building (Australia) v Dial D [2014] NSWSC 1031
    Application to stay proceedings under a construction contract and winding up proceedings pending outcome of arbitration application - where winding up proceedings involve the same parties and are based upon a Judgment debt between the parties - where undertaking given not to call on loans - whether overlap between winding up proceedings and arbitration - whether in public interest - whether additional order for security for costs ought be granted if winding up proceedings are stayed
  • 31st July 2014
    Morphuse Framing Solutions Limited v Bracknell Property Limited HT-14-206
  • 31st July 2014
    Wiggins Island Coal Export Terminal Pty Ltd v Sun Engineering (Qld) Pty Ltd & Anor [2014] QSC 170
    Where the applicant is seeking to stay an adjudicator’s decision made under BCIPA that required it to pay monies to the respondent - where the monies are currently being held in Court – where the respondent conceded that a “prima facie” case had been shown by the applicant – where the main issue turned on the balance of convenience – where the applicant submitted that it doubted the respondents financial capacity – where the applicant submitted it should not bear the risk that the respondent would be able to repay the monies the applicant is successful in the final hearing – where the respondent submitted that as a matter of policy under BCIPA the adjudicated amount should be paid to it – whether the applicant should bear the risk that if it is successful in the final hearing the respondent would be unable to repay the monies
  • 24th July 2014
    Bouygues E&S Contracting UK Ltd v Vital Energi Utilities Ltd [2014] CSOH 115
  • 14th July 2014
    Dewu Pty Ltd v Fabiano [2014] NSWSC 943
    Adjudication applications - where adjudicator makes an error within jurisdiction - whether error as to the terms, construction or application of the construction contract is an error within jurisdiction – whether adjudicator erred in any event.
  • 11th July 2014
    Denham Constructions Project Company v Smithies and Stowe Australia Pty Ltd [2014] ATCSC 169
    progress payments – filing arbitration certificate as judgment debt – security of costs – judicial review – whether proceedings should be stayed or dismissed for abuse of process or lack of utility
  • 8th July 2014
    R G Spiller Ltd v Derhalli [2014] EWHC 2458 (TCC)
  • 4th July 2014
    PPK Willoughby v Eighty Eight Construction [2014] NSWSC 942
    Whether costs should follow the event - where notice of motion not pressed at hearing - where notice of notion unlikely to have been brought if successful party had complied with notice to produce served on them prior to filing of notice of motion - where notice of notion unlikely to have been brought if appropriate response had been given to letter seeking financial information prior to filing notice of motion.
  • 3rd July 2014
    Iliffe v Feltham Construction Ltd [2014] EWHC 2125 (TCC)