Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 6th April 2005
    Hogan v Allan (Home Building) [2005] NSWCTTT 255
    ISSUES: Whether the contractor represented himself to the homeowner as a building contractor? Whether this contract was on a “fixed price” or  an ongoing “costs plus” basis? Whether works in rebuilding a bathroom were completed to contract specifications and an acceptable standard of workmanship? Whether the homeowner and/or the contractor terminated or repudiated the contract? Whether the homeowner has unlawfully withheld payment for work completed by the contractor? Whether the contractor is entitled to make a claim based upon contract or is reduced to seeking the remedy of restitution in quantum meruit?   LEGISLATION: Home Building Act  1989
  • 4th April 2005
    Vince Schokman v Xception Construction P/L [2005] NSWSC 297
    Section 17(2) notice of intent to apply for adjudication served out of time - Adjudication application made out of timeSection 15(2)(a) makes provision for alternatives of either proceeding to recover claimed amount as a debt in curial proceedings or of making adjudication application - Where claimant elects to seek adjudication determination and adjudication procedures miscarry, claimant cannot revert to seeking judgment in curial proceedingsACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
  • 2nd April 2005
    Precision Flooring P/L v Tricon Projects P/L (Home Building) [2005] NSWCTTT 250
      LEGISLATION: Consumer, Trader and Tenancy Tribunal Act 2001; - Building and Construction Industry Security of Payment Act 1999; Home Building Act 1989. ISSUES: Building claim; whether jurisdiction excluded.
  • 1st April 2005
    Aldoga Aluminium Pty Ltd v De Silva Starr Pty Ltd [2005] NSWSC 284
    CORPORATIONS - STATUTORY DEMAND - Application to set aside - whether genuine dispute as to existence of contract - whether Plaintiff precluded from raising existence of contract by operation of s.15(4) Building and Construction Industry Security of Payment Act 1999 (NSW) - whether facts demonstrated genuine dispute.ACTS CITED: - - Building and Construction Industry Security of Payment Act 1999 (NSW) - s.14, s.15, s.25 -  Corporations Act 2001 (Cth) - Pt 5.4, s.459A, s.459C, s.459G
  • 31st March 2005
    Glen Eight v Home Building [2005] NSWSC 309
    PRACTICE AND PROCEDURE - injunction - application to restrain breach of alleged trust fund - trusts - express trusts - where moneys deposited by principal into contractor's bank account - where principal is a signatory to the bank account - where contractor in administration - where funds held by administrator - whether prima facie case that funds held on trust - whether principal entitled, on resulting trust, to funds in bank account if primary trust failed - whether intention to create express trust - whether principal entitled to relief on the entire amount held by administrator - whether allowance ought to be made for the legal costs of the administrator - no question of principle ACTS CITED: Building and Construction Industry Security of Payment Act 1999
  • 24th March 2005
    Ritchie Brothers Ltd v David Philp Ltd [2005] ScotCS CSIH_32l
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The 28-day time limit set out in the statutory adjudication scheme is mandatory.  If the adjudicator needs to apply for an extension of time, he must do so before expiry of that deadline, otherwise his decision and any purported extension will not be valid.Lord Justice Clerk, Lord Abernethy and Lord Nimmo Smith – Inner House, Court of SessionBackground A dispute was sent to the adjudicator on 18 September 2003 under the (Scottish) statutory adjudication scheme.  According to the Outer House of the Court of Session, the 28-day period in which the adjudicator was due to reach his decision started running on the date that the notice was sent, therefore the deadline for reaching a decision was 16 October. (NB – the English courts have...
  • 23rd March 2005
    Scrabster Harbour Trust v Mowlem plc T/A Mowlem Marine [2005] CSOH 44
  • 23rd March 2005
    Cooper v Veghelvi [2005] NSWSC 227
    Payment of judgment sum - s 25(4) BCISP Act - whether on appeal money is to be paid into court ACTS CITED: Building and Construction Industry Security of Payment Act 1999 -s 4, s 25 - Consumer Claims Act 1998 - s 8 - Consumer Trader and Tenancy Tribunal Act 2001 - s 53
  • 22nd March 2005
    Palmac Contracting Ltd v Park Lane Estates Ltd [2005] EWHC 919 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit In considering a dispute regarding a payment application the issue of whether the application for payment has been validly served is not a question of whether a dispute has arisen and instead is a matter within the adjudicator's jurisdiction to decide. Under the JCT 98 with Contractor's Design form there is no requirement that a notice of adjudication be served on the responding party before an application is made to a nominating body for the appointment of an adjudicator – although it does have to be served on the responding party before the dispute is referred to the adjudicator.   Her Honour Judge Frances Kirkham, Technology and Construction Court (Birmingham District Registry) 22 March 2005 The Claimant ("Palmac") contracted...
  • 17th March 2005
    Amec v S.S. for Transport [2005] EWCA 291 CA
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Guidance as to the meaning of "dispute" for the purposes of s108(1) of the Housing Grants Construction & Regeneration Act 1996. It is wrong to apply an over-legalistic approach to the question of whether a dispute or difference has arisen. On appeal from the judgment of Mr Justice Jackson dated 11 October 2004 Lord Justice May, Lord Justice Rix and Lord Justice Hooper 17 March 2005 In 1995 AMEC was engaged by the Secretary of State to carry out renovation works at Thelwall Viaduct. The contract incorporated the ICE conditions, 5th edition, with some amendments. The contract was executed under hand, not as a deed. Pell Frischmann were named as engineer in the contract. The works were certified by the engineer as complete on 23 December 1996...