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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-
13th September 2005Lucas Stuart P/l v Council of the City of Sydney [2005] NSWSC 925PRACTICE AND PROCEDURE - STAY OF EXECUTION - Whether judge at first instance should exercise power to grant stay when Court of Appeal has refused stay upon terms. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - s.15
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7th September 2005Jon Everest v Heidi Borner v Robin Schwass Construction Limited HC WN CIV-2005-485-849 [2005] NZHC 70
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6th September 2005Glen Eight v Home Building [2005] NSWSC 907BUILDING AND CONSTRUCTION - adjudication certificate under Building and Construction Industry Security of Payment Act 1999 issued - application for injunction to restrain builder from applying for certificate relating to the determination - balance of convenience - terms upon which injunction to be issued - whether security to be provided for payment of amount of adjudication determination plus interest - whether security to be provided for amount of adjudicator's fees not paid by proprietor ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Home Building Act 1989
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24th August 2005Australian Securities Investment Commission v Edwards [2005] NSWSC 831CORPORATIONS - insolvent trading - directors' liability - whether debts incurred - whether company insolvent - whether reasonable grounds for suspecting insolvency existed - whether defendant director aware of such grounds - whether defendant director failed to prevent incurring of debts - whether any defence available - CONTRACTS - general contractual principles - whether contract formed - whether case within any of first, second and fourth Masters v Cameron categories - RESTITUTION - restitution arising from incomplete contract - performance of work in expectation of reward - entitlement to quantum meruit - when quantum meruit debts incurred ACTS CITED: Corporations Act 2001 (Cth), ss.95A, 588G, 588H, 1317E
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23rd August 2005Lucas Stuart P/L v Council of the City of Sydney [2005] NSWSC 840Construction contract - Building and Construction Industry Security of Payment Act 1999 - Purpose of the Act - Plaintiff builder and defendant local government council - Builder serves payment claim on council - Council fails to serve a payment schedule on builder within specified time - Builder seeks summary judgment - Council claims payment claim served in context of misleading and deceptive conduct - Council claims builder estopped from relying on payment claim - No arguable case - Summary judgment awarded ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Trade Practices Act 1974 (Cth)- Fair Trading Act 1987 (NSW)
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5th August 2005Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 805PRACTICE AND PROCEDURE - Costs - Dispute arising from appointment of arbitrator - Where action settled - No trial on the merits - Where communication between solicitors should have resolved the issue - Failure to agree due largely to plaintiff imposing unreasonable conditions - Held that proceedings were unreasonably brought by the plaintiff - Plaintiff to pay defendant's costs. ACTS CITED:Commercial Arbitration Act 1984 (NSW) - Building & Construction Industry Security of Payment Act 1999 (NSW)
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5th August 2005Energetech v Sides Engineering [2005] NSWSC 801BUILDING AND CONSTRUCTION - where alleged that referee incorrectly calculated reference date under s 13(4) - whether basic and essential requirement of service of payment claim includes compliance with s 13(4) - whether failure to comply with s 13(4) renders adjudication determination void ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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4th August 2005Brewarrina Shire Council v Beckhaus Civil P/L [2005] NSWCA 248BUILDING AND CONSTRUCTION - defective or incomplete work - no damage for defective or incomplete work sustained while contract is on foot and contractor is required to complete the work - termination by agreement - can be ab initio or release from future performance only - implied term that the parties' rights are governed by provisions in the contract relating to completion despite the termination of it - failure to meet contractual standard - evidentiary onus on contractor to prove the contractual standard has substantially been complied with - breach by contractor - evidentiary onus on contractor to prove no damage suffered - assessment of damages for rectification costs - costs of new work required to achieve conformity with contractual requirements - undertaking of the new work must be reasonable - intention to rebuild or to rectify the work is generally not relevant - suspension of...
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29th July 2005Bryen & Langley Ltd v Boston [2005] EWCA Civ 973This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court of Appeal has issued a reminder of the fact that simply because two parties had proposed that their agreement be contained in a formal contract to be drawn up and signed in the future, this did not preclude the conclusion that they had already informally contractually committed themselves on exactly the same terms. The residential occupier/employer’s argument that the adjudication clause was an unfair term was dismissed on the grounds that it was the consumer/employer who had stipulated that a standard form contract should apply (the JCT Standard Form of Building Contract, Private with Quantities, 1998 Ed.) to the works in the first place.Lord Justices Pill and Clarke and Mr Justice Rimer – Court of Appeal (Civil Division)...
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25th July 2005John Roberts Architects Ltd v Parkcare Homes (No2) Ltd [2005] EWHC 1637 (TCC)