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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-
18th November 2010Bauen Constructions v Westwood Interiors [2010] NSWSC 1359Administrative Law – judicial review – jurisdictional error – natural justice – sufficiency of reasons. - Administrative Law – prerogative writs and orders – certiorari – discretionary factors. Contract – building, engineering and related contracts – remuneration – statutory regulation of entitlement to and recovery of progress payments – adjudication of payment claims – Building and Construction Industry Security of Payment Act 1999 (NSW) ss 9, 10, 20, 22. - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Supreme Court Act 1977 (NSW)
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17th November 2010Singh v Worner Electrical Industries [2010] QCATA 83Leave to Appeal – Minor civil dispute – where no new evidence – whether evidence properly considered in primary decision – whether error in primary decision - Building and Construction Industry Payments Act 2004 ss 10, 12, 20(a)(i) - Queensland Civil and Administrative Tribunal 2009 ss 28(2), 142(3)(a)(i) - Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
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16th November 2010Grave v Blazevic Holdings [2010] NSWCA 324Appeal – civil – judgment – whether applicant had shown arguable defence – whether primary judge erred in construction and application of ss 14 and 15 – Building and Construction Industry Security of Payment Act 1999 (NSW) ss 14, 15, 32.
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15th November 2010Concrete Structures (NZ) Limited v Inframax Construction Limited CIV-2010-419-909
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12th November 2010Fuel Tank & Pipe Pty Ltd v Decmil Australia Pty Ltd [2010] WASAT 165Construction Contracts Act 2004 (WA) - Application for review of a decision by an adjudicator to dismiss - Grounds of decision to dismiss that application not served in time Legislation: Construction Contracts Act 2004 (WA), s 3, s 6, s 6(a), s 26, s 31(2)(a), - s 31(2)(a)(ii), s 31(2)(b)(ii), s 46(1)
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12th November 2010Parsons Brinckerhoff Australia Pty Ltd v Downer EDI Works Pty Ltd [2010] NSWSC 1295Building and Construction – Building and Construction Industry Security of Payment Act 1999 (“the Act”) s 31 – meaning of the phrase “ordinary place of business” – whether an address where the offices of its Chief Executive Officer and Chief Financial Officer were situated and from where business management and support services, finance support services, safety and environment and human resources management were provided for the defendant’s business nationally was its ordinary place of business – HELD – held that the place was the defendant’s ordinary place of business - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth)
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30th October 2010Canam Construction (1955) Limited v Lahatte & Anor CIV 2009-404-461
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29th October 2010Reed Constructions Australia Limited v MidCoast County Council trading asTrade Practices Act - Whether conduct misleading or deceptive - Alleged half-truths - Consideration of authorities - Proceedings pursuant to the Building and Construction Industry Security for Payments Act - Whether plaintiff mislead defendant causing it not to put on payment schedule in response to plaintiff's payment claim LEGISLATION CITED: Building and Construction Industry Security for Payments Act 1999 (NSW) - Trade Practices Act 1974 (Cth)