Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 12th January 2012
    Oppedisano v Micos Aluminium Systems [2012] NSWSC 53
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) – whether contract was one for the carrying out of residential building work for the purposes of s 7(2)(b) - whether, had s 7(2)(b) been found to apply, relief in the nature of certiorari should be withheld on discretionary grounds.
  • 10th January 2012
    South Coast Scaffolding and Rigging and Hire Access Pty Ltd [2012] WASAT 5
    Construction Contracts Act 2004 (WA) - Whether application for adjudication was made in time - When payment dispute arose - Whether contract included a time for payment clause - Whether payment claims were rejected
  • 6th January 2012
    James Trowse Constructions Pty Ltd v MG Constructions (Qld) Pty Ltd [2012] QCAT 42
    Adjudicator’s decision – payment in accordance with decision – post decision options
  • 3rd January 2012
    Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6
    Administrative Law - Building and Construction Industry Security of Payment Act 1999 (NSW) - questions of administrative law - where adjudicator materially denied parties natural justice by determining his jurisdiction in a way for which neither party had contended and without giving them the opportunity to be heard - whether adjudicator's determination void. Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether s 7(1) authorizes more than one adjudication application to be made at the one time for the one payment claim.
  • 21st December 2011
    Lanes v Galliford Try [2011] EWCA Civ 1617
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Summary (1) The English Court of Appeal held that the claimant in an adjudication may, if it has not served its referral notice, let the adjudication lapse and commence a new adjudication before a different adjudicator. (2) A preliminary view issued by an adjudicator prior to the final decision will not demonstrate bias unless it is apparent to a fair minded observer that the adjudicator has reached a final decision before receiving submissions and evidence from both parties. The Court of Appeal, LJ Richards, LJ Stanley Burton and LJ Jackson The Court of Appeal was asked to consider three appeals from the decisions of the Technology and Construction Court (“TCC”) in relation to the jurisdiction of an adjudicator and enforcement of an...
  • 21st December 2011
    Alstom Power v Somi Impianti S.R.L. [2011] EWHC 3941
  • 21st December 2011
    Leander Construction Limited v Mulalley & Company Limited [2011] EWHC 3449
  • 6th December 2011
    Sprunt Limited v London Borough of Camden [2011] EWHC 3191(TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Judgment date: 6.12.2011 SUMMARY (1) Where a contract is made by a written offer being accepted by conduct, this may constitute a contract in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”); (2) non-compliance with s.108 HGCRA will result in contractual dispute resolution provisions being replaced by the Scheme for Construction Contracts (the “Scheme”); and (3) it is inherently unsound and contrary to the policy of the HGCRA for a contract to provide that one of the parties will nominate the adjudicator .Technology and Construction Court, Mr Justice AkenheadBACKGROUNDIn 2001, Sprunt Ltd (“Sprunt”) and the London Borough of Camden (“Camden”) entered into...
  • 5th December 2011
    Broadform Constructions Pty Ltd v Majestic Builders Melbourne Pty Ltd (Domestic Building) [2001] VCAT 2266
    Domestic building work – subcontract – work not done within a reasonable time – termination – repudiation – sub-contractor making claims under Building and Construction Industry Security of Payment Act 2002 after repudiation – refusal to pay by Builder – whether a letter of refusal by Builder a payment schedule – no adjudication sought – entitlement determined at VCAT hearing - amounts claimed not owed – credibility of witnesses – subcontractor destroying works following termination – assessment of value of work done
  • 30th November 2011
    Hanave Pty Ltd -v- Nahas Construction (NSW) Pty Ltd [2011] NSWSC 1476
    Building Contracts - whether plaintiffs have established entitlement to summary judgment pursuant to the provisions of the Building and Construction Industry Security of Payments Act 1999 - Legislation Cited:Building and Construction Industry Security of Payments Act 1999, s 5, s 7, s 11, s 13, s 14, s 15, s 16, s 31 - Civil Procedure Act 2005, s 100, s 101 - Evidence Act 1995, s 160 - Home Building Act 1989 - Uniform Civil Procedure Rules 2005, r 14.28