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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  • 15th May 2006
    Halkat Electrical Contractors P/L v Holmwood Holdings P/L [2006] NSWCA 125
    BUILDING AND CONSTRUCTION PROCEDURE - APPEAL - Declaration that adjudication determination void - Contractor appeals, and also issues further payment claim including the same work and obtains an adjudication determination on that claim - Whether appeal an abuse of process - Whether it should be struck out or stayed. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999, ss.13, 24
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  • 15th May 2006
    Baseline Constructions v Classic Group Painting Services [2006] NSWCA 123
    PROCEDURE - APPEAL - Whether relief in nature of a stay would be granted because of strength of appellant's case on appeal.
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  • 11th May 2006
    On Hing Pty Ltd v Phoenix Project Development Pty Ltd [2006] QDC 159
    STAY – STAY OF ORDER THAT MONIES BE PAID OUT OF COURT – Monies paid into court after adjudication under Building and Construction Industry Payments Act 2004 – previous refusal of applicant’s application to set aside adjudicator’s order – whether stay of payment out to respondent should be ordered - Building and Construction Industry Payments Act 2004 -  Brodyn Pty Ltd v Davenport [2004] 61 NSWLR 421 at 449 - McLaughlins Family Restaurant v Cordukes Ltd [2004] NSWCCA 447 - Phoenix Project Development Pty Ltd v On Hing Pty Ltd [2006] QDC 75
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  • 9th May 2006
    Baseline Constructions v Classic Group Painting Services [2006] NSWSC 397
    Building and Construction Entitlement to make second payment claim Determination of reference dates S22(4) of Building and Construction Industry Security of Payment Act (NSW) 1999 requires a subsequent adjudicator to treat an attempt [by an earlier adjudicator to determine the value of construction work] as having been successful and compliant with s.10 value of work changing since previous determination
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  • 9th May 2006
    Procorp Civil P/L. v. Napoli Excavations & Contracting P/L [2006] NSWCA 118
    PRACTICE - APPEAL - Whether stay should be granted on late application and on incomplete material.
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  • 5th May 2006
    Reiby Street Apartments v Winterton Constructions [2006] NSWSC 375
    BUILDING AND CONSTRUCTION – ADMINISTRATIVE LAW – Second defendant made adjudication determination pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) – Whether second defendant failed to consider plaintiff’s payment schedule and adjudication response – Whether second defendant erred in failing to consider plaintiff’s payment schedule and adjudication response – Whether second defendant’s adjudication determination is void – Whether second defendant committed jurisdictional error, failed to act bona fide, or failed to afford plaintiff natural justice – Sections 20(2B) and 22(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) considered – Brodyn Pty Ltd v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421 considered.
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  • 5th May 2006
    Springs Golf Club P/L v Profile Golf P/L & William Donald Mawney Taylor [2006] NSWSC 395
    Building and Construction Security of Payments Act 1999 (NSW) Requirement that unsuccessful party having paid unpaid portion of adjudicated amount into Court be ready to proceed if opposing payment out Impermissible use of subpoena/notice to produce for purposes of fishing to establish whether a basis exists to oppose payment out
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  • 3rd May 2006
    Advanced Mechanical Systems v Duct Co Pty Ltd [2006] NSWSC 439
    Supreme Court procedure - Mareva orders - Judgment entered in District Court on adjudication certificate under the Building and Construction Industry Security of Payment Act 1999 - Application in District Court for stay of judgment pending determination of other proceedings in the District Court - Continuation of interim order for stay not sought - Garnishee order granted in District Court successful - Application to this Court for mareva order – Orders sought requiring payment of garnishee receipts to Registrar of the District Court and injunction restraining the taking of any further steps to enforce the District Court judgment
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  • 2nd May 2006
    Birse Construction Ltd v HLC Engenharia E Gestäo De Projectos Sa [2006] EWHC 1258 (TCC)
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  • 28th April 2006
    Grant Constructions Pty Ltd v Claron Constructions Pty Ltd [2006] NSWSC 369
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