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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-
27th April 2004Grosvenor Constructions (NSW) P/L (in administration) v Musico [2004] NSWSC 344Building and construction - Practice and procedure - Stay of judgment debt - Progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 - Plaintiff obtains adjudication certificate pursuant to section 24 of Act and files adjudication certificate as a judgment for debt pursuant to section 25 of Act - Plaintiff placed under external administration-Defendants seek stay of proceedings - Evidence that defendants, if successful in final proceedings, would suffer irreparable prejudice as payment pursuant to the judgment debt could never be recouped - A failure to order the stay would in practice convert an amount which ought to be an interim payment into a final payment - Principles to be applied on application for stay of judgment debt - English authorities examined ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - ...
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21st April 2004ACA v Sullivan; Austruc v ACA [2004] NSWSC 304BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - s 7(2)(a) - construction of "forms part of" - whether construction contract formed part of loan agreementACTS CITED: Building and Construction Industry Security of Payment Act 1999
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21st April 2004De Martin & Gasparini P/L v Energy Australia P/L [2004] NSWSC 336[INJUNCTIONS] - Application to discharge injunction - changed circumstances alleged - Service of final certificate under construction contract - Whether serious issue to be tried in relation to validity of final certificate - Balance of convenience - Applicant placed into liquidation after injunction granted. ACTS CITED: Building & Construction Industry Security of Payment Act 1999 - Corporations Act 2001
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20th April 2004John Holland Pty Ltd v Cardno MBK (NSW) Pty Ltd [2004] NSWSC 258Challenge to determination of adjudicator under the Building and Construction Industry Security of Payment Act 1999 - Statutory scheme dictates that the adjudication response be relevantly tied to the payment schedule [such that the adjudication response cannot include any reasons for withholding payment unless those reasons have already been included in the payment schedule - Section 20 (2B)] - Whether adjudication application should also be relevantly tied to the payment claim [such that the adjudication application cannot include reasons supporting the payment claim unless those reasons had been included in the payment claim] - Scheme of legislation - Adjudicator's powers - Adjudicator does not have the power to consider materials supplied by a claimant in its adjudication application which go outside [ie fall outside the ambit or scope of] the materials which were provided in...
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14th April 2004Ritchie Brothers (PWC) Ltd v David Philp (Commercials) Ltd [2004] ScotCS 94This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The issue of whether a party can retrospectively give consent to extension of the 28 day period for adjudications was considered. The Court effectively decided that retrospective consent was permitted provided neither party has dismissed the original adjudicator and appointed a new one. Consequently, where an Adjudicator's decision is issued late, it is still binding on the parties. The case also casts doubt on a previous ruling that an Adjudicator's decision is not "made" until it is actually issued to the parties. Lord Eassie, Court of Session, Scotland 14 April 2004 The key facts were as follows:- An undated Referral Notice was issued under cover of a letter dated 18 September 2003 and posted to the Adjudicator on that date by Special...
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5th April 2004AWG Construction Services Ltd v Rockingham Motor Speedway Ltd [2004] EWCH 888This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator has no jurisdiction to decide issues not referred to him for a decision within the referral notice. Without prejudice to this principle, a party must have a sufficient opportunity to consider any new material that is submitted during the adjudication. Where a decision relates to a number of disputes, the decisions on unchallenged claims should be enforced immediately. Judge John Toulmin QC, Technology and Construction Court 5 April 2004 Rockingham Motor Speedway (“Rockingham”) entered into a contract with AWG Construction (“AWG”) for the design and construction of a new racing track, building and a grandstand, and certain tunnels, near Corby in Northamptonshire. At the track’s first meeting,...
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5th April 2004Conor Engineering Ltd v Constructions Industrielles de la Mèditerranèe (CNIM) [2004] EWHC 899This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The primary activity on site is a matter of fact in each case – here it was found to be the incineration of waste. Even if an adjudicator's decision prescribed a "final date for payment" of the sums awarded in that decision erroneously in fact or in law, the decision would not be invalid as a result. Where an adjudicator orders that payment be made within x days of his decision, the time for payment runs from the date the decision is said to be made and not the date it is received by the parties. Recorder David Blunt QC, London TCC 5 April 2004 Les Constructions Industrielles de la Mediterranee (CNIM) SA ("CNIM") was the main contractor employed by Hampshire Waste Services Ltd to design, build and deliver a plant for the incineration...
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2nd April 2004Brodyn Pty Ltd v Davenport & Anor [2004] NSWSC 254ADMINISTRATIVE LAW - Prerogative Writs and Orders - Whether an order in the nature of certiorari lies against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 - Whether certiorari should be granted when judgment had been entered for the adjudicated amount - Whether s 25 of the Act rendered an order in the nature of certiorari futile ACTS CITED: Supreme Court Act 1970 - Building and Construction Industry Security of Payment Act 1999