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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-
16th June 2005Reiby Street v Winterton [2005] NSWSC 545BUILDING AND CONSTRUCTION – Adjudication determination was made on progress payment pursuant to the Building and Construction Industry Security of Payments Act 1999 – party requested a review of the Master Building Association’s nomination of adjudicator on the basis of apprehended bias because of a previous “dispute” – whether there was apprehended bias in the circumstances – whether party is estopped from now seeking an order in the nature of certiorari – whether party made an election by continuing with the adjudication process – whether there was a waiver to the right of objection on the basis of apprehended bias. - Held that there was apprehended bias and that determination was void.ACTS CITED: - Building and Construction Industry Security of Payment Act 1999
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8th June 2005Facade Innovations Pty Ltd v Timwin Constructions Pty Ltd [2005] NSWCA 197PRACTICE - Stay of order - Judgment pursuant to s.25 of Building & Construction Industry Security of Payment Act - Separate proceedings for declaration that adjudication determination was void - Enforcement of judgment stayed on amount being paid into Court - Declaration made and order made for payment out of money - Appeal - Whether order for payment out should be stayed pending setting aside of judgment and/or determination of appeal. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 s.25
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2nd June 2005Plus 55 Village Management P/L v Parisi Homes P/L [2005] NSWSC 559BUILDING AND CONSTRUCTION - Application under s 459G of Corporations Act to set aside a statutory demand - Oral agreement for building of aged-care hostel - Adjudication in favour of the defendant filed as a District Court judgment - Consumer Claims Tribunal declined to hear application due to lack of jurisdiction - Dispute as to basis for payment - Dispute as to whether work is a "dwelling" under Home Building Regulations - Home Building Act ss 10, 91(1)(a), 92, 94 - Building and Construction Industry Security of Payment Act ss 32(2), (3) - Corporations Act s 459G, s 459H(1)(b) - Held that there is a genuine dispute about whether the plaintiff is liable for the amount adjudicated - Statutory demand set aside.
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1st June 2005Timwin Construction P/L v Facade Innovations P/ L [2005] NSWSC 548BUILDING AND CONSTRUCTION - good faith - meaning of good faith - whether attempt made in good faith by adjudicator to exercise powers under the ActACTS CITED: Brodyn v Davenport and Anor [2004] NSWCA 394 - Minister for Commerce v Contrax Plumbing [2005] NSWSC 142 - Multiplex Constructions Proprietary Limited v Luikens [2003] NSWSC 1140 - Roberts v Hopwood [1925] AC 578 - The Queen v Hunt; ex parte Sean Investments Proprietary Limited [1979] HCA 32; (1979) 180 CLR 322 - Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 51 NSWLR 589
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27th May 2005Allen Wilson Shopfitters v Buckingham [2005] EWHC 1165 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Technology and Construction Court, London His Honour Judge Peter Coulson QC 27 May 2005 An adjudicator's jurisdiction either arises from express terms in the contract or, if there is a construction contract in, or evidenced in, writing, which contains no express adjudication provisions and is not otherwise excluded from the Act, then the provisions in the Act and the Scheme will apply. During 2004 and January 2005 the Claimant, Allen Wilson, carried out extensive building work at Mr Buckingham's property. The contractual basis on which the work was done was in dispute. The Defendant had originally engaged a firm of quantity surveyors, Deacon & Jones ("Deacons"), to manage the works and act as contract administrators however, on 3 January...
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20th May 2005Wimbledon Construction Company 2000 Ltd v Vago [2005] EWHC 1086This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Technology and Construction Court, London His Honour Judge Peter Coulson QC 20 May 2005 In this case the court was asked to stay the enforcement of an adjudicator's award pending final resolution of the claims by arbitration on the basis of the successful party's uncertain financial position. The court derived from case law six principles that should always govern the exercise of the court's discretion when considering a stay of execution in adjudication enforcement proceedings. When applying these principles to the evidence before it, the Court refused to grant the stay sought by the defendant. Mr Vago engaged Wimbledon Construction Company 2000 Limited ("Wimbledon") to carry out works at his house. Disputes arose between the parties and...
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6th May 2005FPM Constructions P/L v The Council of the City of Blue Mountains [2005] NSWCA 147SECURITY FOR COSTS - no question of principle LEGISLATION CITED: Corporations Act 2001 s 1335(1) - Supreme Court Rules 1970 Pt 51 r 16
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6th May 2005Minister for Commerce v Contrax Plumbing [2005] NSWCA 142BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Matters for consideration of adjudicator - Alleged error in construction of contract - Alleged error in application of s.34 of the Act - Whether such errors could invalidate determination. LEGISLATION CITED: Building & Construction Industry Security of Payment ACt 1999
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5th May 2005Taylor Projects Group P/L v Brick Dept P/L [2005] NSWSC 439Claims under Building and Construction Industry Security of Payment Act 1999 (NSW) - Date of service of Payment Claim - Suggested constructive resubmission of Payment Claim - Adjudication held not to have erred - Obiter consideration of whether Determination failed to satisfy one of the essential conditions laid down by the ActACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Corporations Act (1901) (Cth)Supreme Court Act 1970 (NSW)