Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 21st March 2014
    Southon Constructions Pty Ltd v Forstar Pty Ltd [2014] VCC 306
    Practice and procedure - Building and Construction Industry Security of Payment Act 2002 (Vic) – Defendant’s application for stay of execution on judgment – Inadequate financial material provided by plaintiff – Application adjourned – Interim stay granted
  • 7th March 2014
    Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd and Anor [2014] QSC 30
    Where the applicant challenges an adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) – where some of the adjudication application was served on the applicant by way of email – where other documents in the adjudication application were contained in a Dropbox file - whether the adjudication application was properly served on the applicant.
  • 5th March 2014
    Charles Henshaw and Sons Ltd v Stewart and Shields Ltd [2014] ScotSC 59
  • 26th February 2014
    Red Ink Homes Pty Ltd v Court [2014] WASC 52
    Public law - Error of law - Certiorari - Jurisdictional errors - Adjudicator under Construction Contracts Act 2004 (WA) - Whether analogous to inferior court or administrative tribunal - Misconstrual of statute - Misconception of nature of function or extent of powers
  • 24th February 2014
    Anderson Street Banksmeadow Pty Ltd v JCM Contracting Pty Ltd [2014] NSWSC 102
    Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether plaintiff denied natural justice - whether denial of natural justice material to determination of adjudicator Legislation
  • 19th February 2014
    Charles Henshaw and Sons Ltd v Stewart and Shields Ltd CA13/13
  • 14th February 2014
    Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd [2014] QSC 12
    Where a subcontractor gave a head contractor bank guarantees as security for the performance of its obligations – where the head contractor alleged certain breaches on the part of the subcontractor and sought to call on the guarantees – where the contract provided for recourse to the retention following notice being given of a liquidated or unliquidated demand – whether the provision was inconsistent with s 67E of the Queensland Building Services Act 1991 and therefore inoperative.
  • 14th February 2014
    Devon County Council v Celtic Bioenergy Ltd [2014] EWHC 309 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary In this costs-only judgment, the Court dealt with the parties’ respective liability for costs following an application to the Court for an injunction restraining an adjudication from going ahead and for declarations that the Adjudicator had no jurisdiction. Costs that were considered disproportionate to the importance and complexity of the application were reduced. Furthermore, it was decided that it would not be an abuse of the process for the Claimant to raise at a later date issues not resolved by the Court at the original hearing of the Claimant’s application. However, in view of the Court’s decision to allow the bulk of the adjudication to go ahead, these issues should only be raised if they remained unresolved after...
  • 13th February 2014
    Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2014] NICA 27
  • 12th February 2014
    Zurich Bay Holdings Pty Ltd v Brookfield Multiplex Engineering & Infrastucture Pty Ltd [2014] WASC 40
    An application for a Writ of Certiorari against Phillip Cornelius Loots, an adjudicator appointed under the Construction Contracts Act 2004 (WA)