Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 28th April 2006
    Springs Golf Club P/L v Profile Golf P/L [2006] NSWSC 344
    CONSTRUCTION CONTRACTS Progress payments Building and Construction Industry Security of Payment Act Adjudicator's determination re payment schedule Whether judicial review available Whether valid adjudication application had been made Whether valid payment schedule under the Act
  • 25th April 2006
    Westdawn Refurbishments Ltd v Roselodge Ltd [2006] Adj.L.R. 04/25
  • 24th April 2006
    Paul Boardwell t/a Boardwell Construction v k3D Property Partnership Ltd [2006]
  • 21st April 2006
    Procorp Civil P/L v Napoli Excavations and Contracting P/L [2006] NSWSC 358
    Practice and Procedure - Building and Construction Industry Security of Payment Act 1999 (NSW) -  Moneys paid into Court as security - Interlocutory position pending appeal
  • 20th April 2006
    Probuild Pty Ltd v Blazevic Holdings Pty Ltd [2006] NSWSC 273
    Progress payment claim for variations - no express provision with respect to reference date - no payment schedule - dispute as to month in which the construction work was first carried out - no error in point of law.
  • 19th April 2006
    Rojo Building Pty Ltd v Jillcris Pty Ltd [2006] NSWSC 309
    Building and Construction Industry Security of Payment Act 1999 Application for summary judgment Failure of respondent to serve payment schedule within time delimited by s14 Applicant given election to proceed to obtain judgment or to proceed to adjudication Having elected to proceed to adjudication, claimant has waived anterior right to obtain judgment Practice and Procedure Application to reopen Principles
  • 18th April 2006
    Fifty Property Investments P/L v Barry J O'Mara & Impero Stone [2006] NSWSC 428
    BUILDING AND CONSTRUCTION – Resolution of dispute – Adjudication – Determinations – Judicial Review – basic and essential requirements – construction contract – whether jurisdictional fact – held, it is and can be reviewed by court – natural justice – failure to give party opportunity to comment on additional submissions obtained from other party – held, denial of that measure and procedural fairness prescribed by Act. LEGISLATION CITED: Building and Construction Industry Security of Payment Act , 1999
  • 12th April 2006
    Wooding v Eastoe & Maitland Fabrications P/L [2006] NSWSC 277
    ADMINISTRATIVE LAW [22]- Jurisdictional error- Statutory adjudicator- Error in wrongly determining contracting parties does not vitiate decision. EQUITY [20]- Equitable assignment- Necessity for plain words eliciting clear intention- Equitable assignment of development property does not alter the parties to the contract concerning that property- Statutory adjudicator cannot consider questions of equity.
  • 11th April 2006
    Phoenix Project Development Pty Ltd v On Hing Pty Ltd [2006] QDC 75
    BUILDING CONTRACTS – RESOLUTION OF DISPUTES – ADJUDICATION – DETERMINATION – whether decision of adjudicator under Building and Construction Industry Payments Act 2004 void or a nullity – Court’s power to set aside judgment entered after adjudication - Building and Construction Industry Payments Act 2004 - Aitkin Transport Pty Ltd v Voysey (1990) 1 Qd R 510  - Andrews v Forrest (1996) 17 Qld Lawyer Reps 89 -  Brodyn Pty Ltd v Davenport & Anor (2004) 61 NSWLR 421 -  IVI Pty Ltd v Baycrown Pty Ltd [2005] QSC 330 -  Keighley, Maxsted & Co v Durant (1901) AC 240 - Pico Holdings Inc v Wave Vistas Pty Ltd [2003] QCA 204 - Siu v Eastern Insurance Co Ltd (1994) 2 AC 199 - Taylor v Taylor (1979) 143 CLR 1
  • 10th April 2006
    Stellar Projects Limited v Nick Gjaja Plumbing Limited HC AK CIV 2005-404-006984 [2006] NZHC 369