Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 10th March 2006
    Contrax Plumbing Victoria Pty Ltd v Golf Club Properties Ltd [2006] VCC 237
    Summary Judgment Application ­ Building and Construction Industry Security of Payment Act 2002, s.14 and s.16.
  • 8th March 2006
    Capital Structures Plc v Time & Tide Construction Ltd [2006] EWHC 591 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Where there has never been a contract because it has been avoided on the grounds of duress, it logically follows that any arbitration or adjudication provision in that contract also becomes void.  His Honour Judge David Wilcox, Technology and Construction Court   The Claimant (‘Capital’) was appointed as subcontractor by the defendant main contractor (‘Time’) in respect of the supply, delivery and installation of structural steelwork and cladding and the supply of labour and plant for a project. Disputes arose regarding valuations and interim payments and Capital withdrew from the site. Kerrington (Time’s employers) threatened to take over the development which action, according to Time, could have resulted...
  • 8th March 2006
    Roadtek, Department of Main Roads v Philip Davenport & Ors [2006] QSC 47
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY – where review sought of decision made by adjudicator under Building and Construction Industry Payment Act 2004 – where dispute over supply of road material to the applicant – where applicant took delivery of goods – where applicant claimed defects in goods delivered – where defects disputed by second respondent – where contract contained clauses relating to fitness for purpose of goods – where adjudicator made no findings with regard to compliance of materials – whether adjudicator erred in finding that property in the materials had not passed to the applicant – whether adjudicator’s decision was an improper exercise of power stemming from failure to consider that the material was no the property of the applicant - Judicial Review Act 1991 (Qld)Building and Construction...
  • 6th March 2006
    Shell Refining (Australia) Pty Ltd v A J Mayr Engineering Pty Ltd [2006] NSWSC 94
    Administrative Law - Whether a determination should be declared void because the adjudicator failed to comply with basic and essential requirements of the Building and Construction Industry Security of Payment Act 1999 (NSW) in determining that the plaintiff pay $11,137,998.30 to the defendant. Adjudicator Practice - Whether, as a matter of practice, adjudicators should include statements in determinations to the effect that it is not to be assumed that matters not mentioned in the determination have not been taken into account.
  • 6th March 2006
    Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd [2006] EWHC 848 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit An alleged error by an adjudicator to consider evidence submitted by one of the parties will not invalidate the enforceability of the decision made by the adjudicator.  This case provides a useful reminder that the adjudication system subordinates the need to have the “right” answer to the need to have an answer quickly.Mr Justice Jackson – Queen’s Bench Division, Technology and Construction Court In November 2001, Kier agreed to carry out refurbishment and rebuilding works for CG.  The Contract Administrator was AYH Plc.  A number of delays and problems arose during the course of the works for reasons which were in dispute between the parties and which generated a number of adjudications.  In Adjudication...
  • 1st March 2006
    Wills Trust Company Ltd and Anor v R John Green and Anor HC AK CIV-2006-404-809 [2006] NZHC
  • 27th February 2006
    QBE Workers Compensation (NSW) Ltd v G J Formwork Pty Ltd [2006] NSWSC 98
    CORPORATIONS - winding up - proposed compromise by liquidator - whether relevant claim "debt" - no need to determine precise nature of claim - compromise proposed on advice of lawyers - liquidator in any event without funds - approval granted and direction made LEGISLATION CITED : Corporations Act 2001 (Cth), ss.477(1)(d), 477(2A), 479(3)
  • 22nd February 2006
    Scrabster Harbour Trust v Mowlem Plc [2006] CSIH 12
  • 16th February 2006
    Cooper Morrison Pty Ltd v Casa D'Abruzzo Club [2006] VCC 184
  • 16th February 2006
    Jian Hua Property Ltd v Freemont Design & Construction Ltd HC AK CIV 2005-404-5526 [2006] NZHC 77