Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 26th April 2013
    Maxstra Constructions Pty Ltd v Active Crane Hire Pty Ltd [2013] VSC 177
    Administrative Law – Application for adjudication determination – Jurisdiction of adjudicator – Time limit – Whether failure to discharge functions under the Act – Building and Construction Industry Security of Payment Act 2002 ss 15, 18, 50
  • 24th April 2013
    Maxstra NSW Pty Ltd v Blacklabel Services Pty Ltd [2013] NSWSC 406
    Building and Engineering Contracts - Building and Construction Industry Security of Payment Act 1999 - challenge to adjudication determination - claim for work either as variation or on quantum meruit - allegation that amount claimed is within the contract price - not a matter raised in payment schedule and inconsistent with contractual documents - allegation of denial of procedural fairness and error of law - no error of law involved in determination - alleged denial of procedural fairness had no practical impact - no jurisdictional error
  • 19th April 2013
    Cranbrook School v JA Bradshaw Civil Contracting [2013] NSWSC 430
    Building and Construction – construction contracts - Building and Construction Security of Payment Act 1999 (NSW)- meaning of "construction contract" - where no contract between the owner and subcontractor - whether there was an "arrangement" within the meaning of the Act
  • 17th April 2013
    Creative Building Services v Jolene Investments [2013] NSWSC 391
    Building and Construction – construction contracts - whether compliance with a contractual mechanism for claiming progress payments formed a condition precedent for payment of the entire contract sum
  • 11th April 2013
    Class Electrical Services v Go Electrical [2013] NSWSC 363
    Building and Construction - Building and Construction Security of Payment Act 1999 (NSW)- meaning of "construction contract" for the purposes of the Act - whether undertaking to supply related goods under an arrangement. Building and Construction - Construction Contracts -Adjudication of payment claims - whether claim in respect of one contract
  • 9th April 2013
    Willmott Dixon Housing Limited (formerly Inspace Partnerships Limited v Newlon Housing Trust [2013] EWHC 798
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Summary Overview: (1) The referring party had sufficiently complied with an adjudication rule providing for referral of the dispute to the adjudicator within seven days of the notice of adjudication and the adjudicator therefore had jurisdiction. (2)Failure to comply with a requirement of an adjudication rule that the referring party should serve a copy of the referral documents upon the other party at the same time as he served the adjudicator did not mean that the adjudicator had no jurisdiction (3) The fact that an adjudicator was the same adjudicator appointed to deal with multiple adjudications did not have any effect on the adjudicator’s jurisdiction to determine the disputes referred to him in each of those adjudications. Technology and...
  • 9th April 2013
    Whyte and Mackay v Blyth & Blyth Consulting Engineers [2013] CSOH 54
  • 5th April 2013
    Blackwhite Pty Ltd v Ryall Smyth Architects Pty Ltd [2013] QCAT 142
    Minor Civil Dispute – claim by Applicant for “monies due and owing” – judgement obtained in Magistrates Court on the basis of the decision of an Adjudicator under s 31 Building and Construction Industry Payments Act 2004 (BCIPA); claim by Applicant that the adjudicator’s decision wrong in law – meaning of minor civil dispute – relationship between BCIPA and QCAT Act – scope of declaratory power under QCAT Act s 60 – meaning of “trader” for QCAT Act s 12
  • 3rd April 2013
    Romaldi Constructions Pty Ltd v Adelaide Interior Linings [2013] SADC 39
    The plaintiff builder seeks a stay or an injunction preventing the defendant sub-contractor from recovering payment to it by the plaintiff of monies ordered to be paid by an adjudicator pursuant to determination under the Building and Construction Industry Security of Payment Act 2009 (SA). The plaintiff alleges that the defendant is impecunious and will be unable to repay the monies if the plaintiff is successful in its claim in this court for damages for defective and uncompleted work. The defendant submits the court has no power to grant a stay or injunction and if it does have power, the balance of convenience does not favour the granting of relief.
  • 22nd March 2013
    BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors (No 2) [2013] QSC 67
    Contracts  – Building , Engineering and related contracts – Remuneration  – Statutory Regulation Of Entitlement to and recovery of progress Payments