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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
13th August 2004Barclay Mowlem Construction v Tesrol Walsh Bay [2004] NSWSC 716BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - where plaintiff moves for summary judgment - whether defendant has arguable defence to preclude plaintiff from obtaining summary judgment - where document alleged to be payment schedule did not indicate the payment defendant intended to make - whether defendant provided payment schedule for purposes of s 14 - requirements of payment schedules - whether question to be determined on final hearing and not by way of summary judgment - estoppel by representation - where alleged representation that parties take no further step in response to claim until negotiations take place - whether defendant relied upon representation to its detriment by taking no further steps under Act in respect of payment claim - whether estoppel defence prohibited by s 34 - whether question to be resolved on application...
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3rd August 2004A M D Formwork Pty Ltd v Yarraman Construction Group Pty Ltd [2004] VCC 17Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, S.14 and S.16.
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29th July 2004Scottish Coal Company Ltd, Re Petition for Suspension and Interdict [2004] ScotCS 186
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27th July 2004A&S Enterprises v Kema [2004] QBD HT 04 199This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The content of the adjudicator's decision in which he criticised the non-availability of a representative of the employer for a meeting, together with his actions during the course of the adjudication, was felt by the court to be evidence that there was a real possibility of bias on his part and that he was therefore in breach of the requirements of natural justice. As a result his decision was not enforced. His Honour Judge Seymour QC, Technology and Construction Court 27 July 2004 A & S Enterprises Ltd ("A&S") were employed by Kema Holdings Limited ("Kema") to develop a site in Derbyshire. In July 2003, the parties entered into a JCT Standard Form with Contractor's Design 1998 contract with various amendments. Following the non-payment...
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23rd July 2004Kembla Coal & Coke v Select Civil [2004] NSWSC 628BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudication determination should be quashed - jurisdictional error - jurisdictional fact - whether adjudicator in jurisdictional error by determining amount due where no reference date to which payment claim related - whether existence of reference date a jurisdictional fact - whether adjudicator erred in law by determining application on basis that amendments to Act applied - whether defects liability period commenced "on" date of practical completion or "from" date of practical completion - meaning of time commencing "on" a day - whether validity of notice affected by illegibility - whether adjudicator erred in law by making allowance in determination for costs of preparation of claim - construction of "for" in "for construction work" in s 4 definition of "claimed amount" - whether adjudicator...
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20th July 2004Barclay Mowlem Construction Ltd v Estate Property Holdings P/L [2004] NSWSC 658Building and Construction Industry Security of Payment Act 1999 (NSW) - Entry of summary judgment - Stay of judgment in part - Statutory scheme considered in relation to pending appeal
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19th July 2004Barclay Mowlem Construction Ltd v Estate Property Holdings P/L [2004] NSWSC 649Contract - Proper construction of S.13(4)(b) of Building and Construction Industry Security of Payment Act 1999 (NSW) -Validity of payment claim ACTS CITED:Building and Construction Industry Security of Payment Act 1999 (NSW)
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15th July 2004Roscco Civ Eng v Dwr Cymru Cyfyngedic [2004] TCC HT-03-190This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes On the enforcement of an adjudicator's decision a party can be estopped from denying the adjudicator's jurisdiction if that party had earlier represented that the adjudicator had jurisdiction or that there was a common understanding between the parties to that effect. Also, an adjudicator can order the referring party to make a payment to the responding party if it is implicit in the referred dispute that the adjudicator is required to decide the responding party's entitlement and/or under paragraphs 13 and 20 of the Scheme (when it applies). Recorder Dermod O'Brien QC, Technology and Construction Court 15 July 2004 Rossco Civil Engineering was a partnership carrying on business as civil engineering contractors ("the Partnership"). Welsh Water ("WW")...