Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 10th April 2006
    TGC Properties Limited v Freemont Design & Construction Limited HC AK CIV 2005- 404- 7165 [2006] NZHC 370
  • 6th April 2006
    Concrete Structures (NZ) Limited v Palmer And Anor HC ROT CIV-2004-463-825 [2006] NZHC 342
  • 29th March 2006
    Isis Projects v Clarence Street [2006] NSWSC 190
    Costs – Dispute resolved without hearing on merits – No capitulation – Whether any party had substantial success - Whether plaintiff acted reasonably in bringing proceedings – Whether any party was almost certain to have succeeded – Whether orders as to costs are appropriate.
  • 29th March 2006
    Jian Hua Property Limited v Freemont Design & Construction Limited HC AK CIV 2005-404-5526 [2006] NZHC 295
  • 29th March 2006
    Procorp Civil Pty Ltd v Napoli Excavations & Contracting Pty Ltd [2006] NSWSC 205
    Building and Construction Industry - Challenge to Adjudication Determination - General principles examined-Significance of considering position of Adjudicator - Task of Adjudicator to determine the claimant’s entitlement within the framework of the dispute propounded by the parties - Significance of provision preventing a respondent from including in the adjudication response, any reasons for withholding payment unless those reasons have already been included in payment schedule - Whether evidence should be permitted on an application to set aside a determination -  Limited evidence permitted on the voire dire on the basis of a reserved ruling as to admissibility - Evidence disallowed - Adjudicator determining that amount of the progress payment to be paid by the respondent was in excess of the amount finally claimed by the claimant as remaining outstanding - Extant power of adjudicator...
  • 20th March 2006
    Rohde Construction v Markham-David [2006] EWHC 814 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The Housing Grants, Construction and Regeneration Act 1996 provides that documents relating to an adjudication have effectively been served if they are sent to the defendant’s last known principal residence.  In a decision relating to an application to set aside a judgment in default enforcing the adjudication decision, the Technology and Construction Court suggested that an adjudication decision made in the absence of representations by the defendant because he never received the notice of adjudication and other ancillary documentation may be invalid.  Jackson J suggested that if it turned out at trial that: (i) the defendant was indeed in ignorance of the adjudication because he had moved to a new address and the current tenants were...
  • 20th March 2006
    William Verry Ltd v Camden London Borough Council [2006] EWHC 761 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The payment of sums awarded in an adjudicator’s decision may not be resisted on the grounds that:i) Those sums are inconsistent with the sum certified in a certificate issued subsequent to the certificate which forms the subject matter of the adjudicator’s decision.  The adjudicator’s decision is binding pending final determination of the disputes.ii) The opposing party has a counterclaim for unliquidated damages for breach of contract in respect of defects, which is currently the subject of an on-going adjudication.  There is no right of set-off against an adjudicator’s decision, otherwise that would defeat the intention of Parliament. Mr Justice Ramsey – Queen’s Bench Division, Technology...
  • 16th March 2006
    Gulf Harbour Investments v Y Gulf Harbour (Formerly Global Yacht Finishers) HC AK CIV 2006-404-386 [2006] NZHC 239
  • 15th March 2006
    Harlow & Milner Ltd v Teasdale No2 [2006] EWHC 535 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit A Final Charging Order in respect of an unpaid judgment sum pursuant to an adjudicator’s decision cannot be opposed on the grounds that arbitration proceedings in respect of the same dispute are under way. To do so would wholly undermine the adjudication process and run the risk that unsuccessful parties to an adjudication could commence arbitration proceedings to avoid the adjudicator’s decision. In providing parties with a prompt (albeit temporary) result, the statutory adjudication process is precisely designed to avoid such delaying tactics.   His Honour Judge Coulson, Technology and Construction Court This case concerns an application by the Claimant (‘Harlow’) to make Final an Interim Charging Order against...
  • 14th March 2006
    Shell Refining (Australia) Pty Ltd v A J Mayr Pty Ltd; Mayr v Shell [2006] NSWSC 154
    [JURISDICTION] Application for revocation of orders made for the payment out of $4,942,716.00 of $11,228,898.63 paid into court pursuant to s 25(4)(b) of the Building and Construction Industry Security of Payment Act 1999 as a condition of the grant of a stay - whether the Court has jurisdiction to order stay on condition of payment out of part of the security paid into court - whether legislation intended to fetter the discretion of a judge where dictates of justice require payment out. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Civil Procedure Act 2005 - Uniform Civil Procedure Rules 2005