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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-
7th July 2004Emergency Services Superannuation Board v Davenport [2004] NSWSC 697BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - Whether adjudication determination should be quashed - Where alleged that adjudicator determined claim on basis explicitly disavowed by second defendant and not said to be relevant by plaintiff without giving plaintiff notice of intention to do so - Whether determination vitiated by denial of natural justice - Whether determination vitiated by adjudicator's alleged failure to consider relevant provision of contract and plaintiff's submissions thereon s22(2)(b) - Whether payment claim compiled with s 13(2)(a) of the Act - Whether discretion to grant prerogative relief should be exrcised ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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25th June 2004Connex S.E. Ltd v MJ Building Services Group [2004] EWHC 1518
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18th June 2004Walter Construction Group v The Robbins Company [2004] NSWSC 549PRACTICE AND PROCEDURE - Mareva orders - dispute under Building and Construction Industry Security of Payment Act 1999 (NSW) - where defendant is an American corporation - where work conducted in Australia through a subsidiary - where subsidiary has made substantial losses - where defendant has no assets in Australia apart from shareholding in subsidiary, debts owed to it by subsidiary, and adjudicated amount under Act - whether facts reveal a sufficient basis for grant of a Mareva order - whether power to grant a Mareva order enlivened by problems of enforcement within the jurisdiction, or enlivened by problems of enforcement generally
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11th June 2004William Verry Ltd. v North West London Communal Mikvah [2004] 1 BLISS 24This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator makes an error in his decision that is within his jurisdiction but potentially vitiates his decision, the Courts may order a stay of enforcement of that decision pending the outcome of a future adjudication on the same issues. Judge Anthony Thornton QC, Technology and Construction Court 11 June 2004 William Verry (“Verry”) was engaged by North West London Communal Mikvah (North West) to carry out certain building works on the JCT standard form of contract, private with quantities, 1998 edition. A dispute arose between the parties as to the valuation of works and an adjudicator assessed the sum that would be due under a certain Interim Certificate. After the adjudicator issued his decision in that adjudication,...
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11th June 2004Demir Pty Ltd v Graf Plumbing Pty Ltd [2004] NSWSC 553CORPORATIONS - winding up - statutory demand - application to set aside or vary on basis of offsetting claim - statutory demand based on judgment debt arising from determination under Building and Construction Industry (Security of Payment) Act 1999 - whether possible to have an offsetting claim against such a judgment debt - whether offsetting claim established on the facts - STATUTES - ACTS OF PARLIAMENT - operation and effect of statutes - Building and Construction Industry (Security of Payment) Act 1999 - whether judgment debt arising from adjudication under that Act can be subject of an "offsetting claim" for purposes of section 459H(5) Corporations Act 2001 (Cth) - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - adjudication under Building and Construction Industry (Security of Payment) Act 1999 becomes subject of judgment debt - whether able to be the subject...
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28th May 2004Alstom v Jarvis (No2) [2004] EWHC 1285This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes For the purposes of the Scheme, in the context of the contract in question, the "value of work" was that which the paying party considered to be due under the contract having taken account of answers to queries. Determining what sum is due under the contract does not generally involve the issue of a withholding notice. The party making the payment can still establish what is truly due or to be paid by use of the appropriate contractual procedure or proceedings. HHJ Humphrey Lloyd, London TCC. 28 May 2004 Alstom employed Jarvis as its subcontractor for works under the I Chem E Model Form for Process Plants – Sub Contracts, with bespoke amendments. Jarvis were to be paid the cost of the works and a management fee, and the contract...
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12th May 2004McAlpine PPS Pipeline Systems Joint Venture v Transco Plc [2004] EWHC 2030 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes This recent case in the TCC provides useful guidance on the nature of a dispute referred to adjudication and the conduct of the adjudicator who is appointed to determine it. Judge John Toulmin QC, Technology and Construction Court 12 May 2004 Transco plc (“Transco”) engaged McAlpine PPS Pipeline Systems Joint Venture (“McAlpine”) to carry out works in relation to the construction of 37 km of steel pipeline in Kent. The contract incorporated the NEC standard form of contract. A dispute emerged concerning McAlpine’s entitlement to interest on payments for compensation events. The matter was referred to adjudication. McAlpine issued its notice of referral to adjudication on 17 November 2003. In the notice, McAlpine said...
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11th May 2004Rail Infrastructure Corporation v Veghelyi [2004] NSWSC 427PROFESSIONS AND TRADES - builders - Building and Construction Industry (Security of Payment) Act 1999 - whether effect of section 25(4)(a)(iii) is that once a judgment has been obtained, that judgment cannot be attacked on the basis of jurisdictional error in the certificate which led to the entry of the judgment - ADMINISTRATIVE LAW - prerogative writs and orders - Building and Construction Industry (Security of Payment) Act 1999 - whether effect of section 25(4)(a)(iii) is that once a judgment has been obtained, that judgment cannot be attacked on the basis of jurisdictional error in the certificate which led to the entry of the judgment ACTS CITED: Building and Construction Industry (Security of Payment) Act 1999
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30th April 2004Performance Builders (Vic) Pty Ltd v Southern Restaurants Vic Pty Ltd [2004] VCC 4Section 27 Building and Construction Industry Security of Payment Act 2002