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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-
3rd July 2014N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905Application for interlocutory injunction dismissed with costs as between the plaintiff and the first and second defendants. No orders as to costs as between the plaintiff and the third defendant.
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27th June 2014Nefiko Pty Ltd v Statewide Form Pty Ltd (No 2) [2014] NSWSC 840judicial review - grounds of review - Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination - whether identity of parties to construction contract a jurisdictional fact – whether decision by adjudicator as to identity of contracting parties reviewable for jurisdictional error – distinction between determination of a jurisdictional fact with binding legal effect and the formation of an opinion by an administrative body in relation to a jurisdictional fact - whether denial of natural justice - whether adjudicator took into account all relevant factual matters
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27th June 2014M&P Builders Pty Ltd v Norblast Industrial Solutions Pty Ltd & Anor [2014] NTSC 25Decision of an adjudicator – construction of contract – extension of prescribed time for determination – availability of merits review –procedural fairness
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24th June 2014Allan Thompson Building and Development v Mecca Bah (Gold Caost) Pty Ltd [2014] QCAT 300Cost plus contract for installation and repair – authority to source and arrange appliances and services – obligation to source on best terms – obligation to supervise – margin applicable to cost plus contract
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19th June 2014Cornerstone Danks Street v Parkview Constructions [2014] NSWSC 866Adjudication determinations - application for declaration that adjudicator's determination is void – whether adjudicator failed to comply with statutory obligation imposed by s 21(3) of the Building and Construction Industry Security of Payments Act 1999 (NSW) - whether determination void where as at the date by which determination was to be made not all matters in dispute had been decided.
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19th June 2014Alliance Contracting Pty Ltd v James [2014] WASC 212Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) should be declared to be invalid in part Building and construction - Security of payment legislation - Scope of payment dispute - Whether counterclaim by contractor part of the payment dispute arising from payment claim by principal - Whether jurisdictional error by adjudicator
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19th June 2014Steel Contracts Pty Limited v Simons [2014] ACTSC 146Appeal General Principles - Review by prerogative relief – Court can grant prerogative relief despite Building and Construction (Security of Payment) Act 2009 (ACT) – Special circumstances must exist for extension of time to be granted – Extension of time should not ordinarily be granted where there are no or few prospects of success – Application dismissed
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17th June 2014UGL Engineering Pty Ltd v Complete Power Solutions Pty Ltd [2014] WASC 211Corporations law - Application to set aside statutory demand - Turns on own facts.
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17th June 2014Fermanagh District Council v Gibson (Banbridge) Limited [2014] NICA 46
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11th June 2014PPK Willoughby v Eighty Eight Construction [2014] NSWSC 760Building contracts - Adjudication determinations – whether adjudicator's determination is void for failure to exercise the power given to him under the Building and Construction Industry Security of Payments Act - whether adjudicator abrogated power by accepting the valuation assessed by the Superintendent