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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-
29th October 2010Paul Michael Pty Ltd (subject to deed of company arrangement) v Urban Traders Pty Limited [2010] NSWSC 1246Building and Construction – application for stay of execution of judgments obtained pursuant to adjudications made under Building and Construction Industry Security of Payment Act 1999 and consequential orders – defendant owned land and engaged plaintiff as builder under construction agreement – both parties alleged breaches of construction agreement – plaintiff obtained judgments pursuant to adjudications and consequential orders – plaintiff subsequently subject to deed of company arrangement – defendant lodged proof of debt with deed administrator – proof of debt pending determination......1
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21st October 2010AMW Plumbing & Heating Ltd v Zoom Developments Ltd CA324/09
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19th October 2010Gibralter Residential Properties Ltd v Gibralcon 2004 SA [2010] EWHC 2595 (TCC)
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7th October 2010All Metal Roofing v Kamm Properties [2010] EWHC 2670 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (1) Where there was an oral agreement preceding the issuance of a purchase order in relation to a construction contract, this would not preclude the contract from being “in writing” for the purposes of s.107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) in circumstances where the purchase order contained a term which was different from that agreed orally. (2) Though it was not necessary to decide the case, and therefore not of binding authority, the Court was of the opinion that a reservation of rights with regards to the jurisdiction of an adjudicator would be effective if made within a very short period of time of putting in the first document described as a “Defence”...
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1st October 2010MCC Mining (Western Australia) Pty Ltd v Thiess Pty Ltd [2010] WASAT 140Construction Contracts - Adjudication - Adjudicator declining to dismiss application for adjudication - Whether right of review available – Whether question of law should be referred to Supreme Court Legislation: Commercial Arbitration Act 1984 (NSW) - Commercial Arbitration Act 1985 (WA), s 33 - Construction Contracts (Security of Payments) Act 2009 (NT), s 48(3) - Construction Contracts Act 2004 (WA), s 26, s 31(2), s 31(2)(a), s 31(2)(a)(iv), s 31(3), s 32(2)(b), s 43, s 43(2), s 45, s 46
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29th September 2010Perrinepod Pty Ltd v Georgiou Building Pty Ltd [2010] WASAT 136Construction Contracts Act 2004 (WA) - Whether right of review extends to decision rejecting submissions for the adjudication to be dismissed Legislation: Construction Contracts Act 2004 (WA), s 6, s 26, s 31, s 31(2)(a), s 31(2)(a)(iv), s 31(2)(b), s 46, s 46(1), s 46(2) - State Administrative Tribunal Act 2004 (WA), s 29(3)(c)(i), s 29(3)(c)(ii)
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24th September 2010Chase Oyster Bar v Hamo Industries [2010] NSWSC 1167Administrative Law - prerogative writs and orders - certiorari - where s 17(2)(a) of Building and Construction Industry Security of Payment Act nor complied with - whether relief in the nature of certiorari against adjudicator's determination should be granted - discretionary considerations - certiorari granted - Supreme Court Act 1970 (NSW) s 69. - Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW) - Suitors' Fund Act Supreme Court Act 1970 (NSW)
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24th September 2010Chase Oyster Bar v Hamo Industries [2010] NSWCA 190Administrative Law – judicial review – grounds of review – Building and Construction Industry Security of Payment Act 1999 – whether an incorrect determination by an adjudicator that a s 17(2) notice was served within the prescribed time amounts to jurisdictional error – whether Brodyn Pty Ltd v Davenport correctly decided. -ADMINISTRATIVE LAW – prerogative writs and orders – certiorari – Building and Construction Industry Security of Payment Act 1999 – whether determinations by adjudicators amenable to orders in the nature of certiorari for jurisdictional error – whether adjudicators are exercising a statutory function – whether there is a superadded requirement that an adjudicator is subject to a “duty to act judicially” before being amenable to prerogative writs. - ADMINISTRATIVE LAW – judicial review...