Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 22nd June 2012
    Richard Kirk Architect Pty Ltd v Australian Broadcasting Corporation & Ors [2012] QSC 177
    Administrative Law – Judicial review – Grounds for review –  Jurisdictional matters – where the applicant entered into a contract with the first respondent for the provision of architectural services – where the applicant served a payment claim on the first respondent pursuant to the Building Construction Industry Payments Act 2004 (“the Act”) – where the first respondent contended that the payment claim was void or invalid or in the alternative if the claim was valid it amounted to $NIL – where the applicant served further documents on the first respondent in reference to the claim – where the first respondent disputed the documents formed part of the payment claim – where the applicant sort an adjudication of the payment claim – where the first respondent maintained its position that the payment claim was...
  • 22nd June 2012
    Dart Holdings Pty Ltd v Total Concept Group Pty Ltd and Ors [2012] QSC 158
    Contracts – Building, Engineering and related contracts – The contract – Legality – where the plaintiff engaged the first defendant as a subcontractor to supply and install certain items, largely made of glass – where an adjudicator decided that the plaintiff was to pay the first defendant the money it claimed under the  Building and Construction Industry Payments Act 2004  – where the plaintiff challenges that adjudication on the basis that the Contact was not enforceable because it required the first defendant to perform work for which it was not duly licensed under the Queensland  Building  Services Authority Act 1991 – whether the first defendant was duly licensed to perform the work it was required to perform by the Contract.....
  • 8th June 2012
    John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited & Ors [2012] QCA 150
     Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where appellant subcontracted work to first respondent – where first respondent  served  payment  claim  under  s  17(1)  of  the Building and Construction Industry Payments Act 2004 on appellant and appellant served payment schedule in reply to payment claim under s 18(1) of the Act – where first respondent served adjudication application under s 21 of the Act and appellant served adjudication response under s 24 of the  Act  –  where  third  respondent  delivered  adjudication decision – where appellant applied in Trial Division for declaration that adjudication void and should be set...
  • 7th June 2012
    470 St Kilda Road Pty Ltd v Reed Constructions Australia Pty Ltd & Anor [2012] VSC 235
    Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether ‘good faith’ a pre- condition to  a  valid payment  claim –  Whether  ‘good faith’  implied into  the  statutory scheme for a payment claim - Whether compliance with the adjudication application time limits provided in s 18(3) of the Act a basic and essential condition of validity - Whether Adjudicator’s determination on compliance with the adjudication time limit reviewable – Allegedly false statutory declaration accompanying payment claim – Whether finding by adjudicator  that   payment  claim  valid  reviewable  –   Whether   reasons  provided  by adjudicator...
  • 1st June 2012
    WW Gear Construction Ltd v McGee Group Ltd [2012] EWHC 1509 (TCC)
  • 28th May 2012
    Sam Abbas & Anthony Hayes t/a A H Design v Rotary (International) Limited [2012] NIQB 41
  • 25th May 2012
    Opinion of Lord Malcolm: Whyte and MacKay v Blyth & Blyth Consulting Engineers [2012] CSOH 89
  • 15th May 2012
    R and C Electrical Engineers Limited v Shaylor Construction Limited [2012] EWHC 1254 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Judgment Date: 15.05.2012 SUMMARY (1)  A sub-contractor had failed to show that the certification procedure under the main contract had broken down and could not be revived.  Accordingly he was not entitled to immediate payment of the final payment under his sub-contract awarded to him by an adjudicator, where the adjudicator had also held that the amount was only payable following the issue of the Final Certificate under the main contract.  (2) The main contractor was not prevented from setting off against the amount awarded any sum that it would have been entitled to set off against the final payment under the final payment clause in the sub-contract.Technology and Construction Court, Edwards-Stuart JBACKGROUNDAshley House PLC (Ashley) entered into a...
  • 10th May 2012
    Specialist Insulation Ltd v Pro-Duct (Fife) Ltd [2012] CSOH 79
    The pursuer, Specialist, sought to enforce an adjudicator's decision. The defender, Pro-Duct, argued that the contract in question, a supply contract for ductwork, did not provide for adjudication. Both parties insisted that it was the other side's terms and conditions that should apply. Throughout the adjudication process Pro-Duct had insisted that the adjudicator had no jurisdiction to act however its argument before the adjudicator had assumed its terms and conditions did apply. Pro-Duct asked the court to quash the decision on the ground of lack of jurisdiction. Specialist submitted that the parties' agreement did include an agreement to refer any dispute under the contract to adjudication. It relied on a provision within a “Material Supply only Sub-contract Agreement” that accompanied Pro-Duct’s purchase order. It said that, Pro-Duct having presented a challenge...
  • 10th May 2012
    Michael Ebbott ta South Coast Scaffolding and Rigging Services v Hire Access [2012] WADC 66
    Building and construction - Payment dispute - Determination by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgment of the District Court - Parallel judicial review proceedings