Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 2nd May 2014
    Miller Construction (UK) Ltd v Building Design Partnerhips Ltd [2014] ScotCS CSOH_80
  • 24th April 2014
    Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd [2014] WASCA 91
    Corporations law - Statutory demand - Application to set aside demand pursuant to s 459H(1)(a) ('genuine dispute'), s 459H(1)(b) ('offsetting claim'), s 459J(1)(a) ('defect in the demand') and s 459J(1)(b) ('some other reason') under the Corporations Act 2001 (Cth)
  • 11th April 2014
    Nefiko Pty Ltd v Statewide Form Pty Ltd [2014] NSWSC 442
    Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether denial of natural justice - jurisdiction of adjudicator – whether adjudicator took into account all relevant factual matters.
  • 8th April 2014
    Laker Vent Engineering Ltd v Jacobs E&C Ltd [2014] EWHC 1058 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Summary (1) Provided that it makes its position clear, a party to an adjudication can still rely on a general reservation of jurisdiction after publication of an adjudicator’s decision so that it can apply under the slip rule or make a payment without losing its right to challenge the adjudicator’s decision;  (2) the word “site” in section 105(2)(c) of the Housing, Grants, Construction and Regeneration Act 1996 (as amended) (“the Construction Act”) was given  a broad meaning so that it applied not only to the immediate area where the works were to be carried out but also to a much larger area owned and occupied by the same party who was to derive benefit from the works.  The works were therefore not...
  • 7th April 2014
    J Hutchinson Pty Ltd v Cada Formwork Pty Ltd & Ors [2014] QSC 63
    Where the applicant and the first respondent had a contract for the performance by the first respondent of formwork services for a construction project – where the first respondent made an adjudication application under the Building and Construction Industry Payments Act 2004 (Qld) – where an adjudication decision was made by the third respondent in favour of the first respondent – where the third respondent relied on documents that had not been provided to the applicant – where those documents were not submitted to the third respondent as part of the first respondent’s adjudication application – whether the third respondent failed to comply with the requirements of natural justice.........
  • 4th April 2014
    University of Brighton v Dovehouse Interiors Ltd [2014] EWHC 940 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Summary In this case, the Court decided that, for the purposes of a conclusive evidence clause in the contract between the parties, adjudication proceedings were ‘commenced’ when the notice of adjudication was given, rather than when a referral notice was given to an adjudicator.  The Court also held that as the Notice of Adjudication in question gave substantive and effective notice of the dispute being raised, incorrect identification of the body nominating the adjudicator and identification of and service at an address not specified in the Contract, were not sufficient to invalidate the Notice. Nor was the Notice invalidated by the fact that an adjudicator was subsequently appointed by an incorrect nominating body and had to resign....
  • 4th April 2014
    Tresedar Pty Ltd v Property Builders (Constructions) Pty Ltd (In Liquidation) [2014] NSWSC 382
    Whether settlement deed a "construction contract" - whether payment under that deed a "progress payment" - Contract - implied terms - whether an implied term that parties deal with each other in good faith and cooperate - Unconscionable Conduct - requirements for conduct to be unconscionable. Procedure - civil - whether the court should permit party to amend its claim - effect of delay - requirement that responding party have sufficient time to respond.
  • 4th April 2014
    Colonial Range Pty Ltd v Victorian Building Authority and Ors [2014] VSC 272
    Judicial review – Natural justice – Victorian Building Authority (“Authority”) – Decision of the Authority under s 81(1) Building Act 1993 (Vic) – Decision of the Authority to consent to termination of a private building surveyor – Whether decision amenable to judicial review under the Administrative Law Act 1978 (Vic) – Whether Authority to afford natural justice to adjoining owner when making the decision – Scheme of the Building Act 1993 (Vic) – Role and functions of private and municipal building surveyors under the Building Act 1993 (Vic) – Nature of the decision made under s 81(1) Building Act 1993 (Vic) – Contrasted with decision of owner to appoint a building surveyor under s 78 Building Act 1993 (Vic) – Obiter dicta observations on the potential application of R v Panel on Take-overs and Mergers, Ex parte...
  • 28th March 2014
    Southon Constructions Pty Ltd v Forstar Pty Ltd [No. 2] [2014] VCC 349
    Practice and procedure – Judgement upon a progress claim – Stay of execution pending determination of defendant’s claim in VCAT for defects on the project – Solvency of plaintiff in issue – Many subcontractors on project owed money by plaintiff – Stay granted to preserve monies placed in trust by the defendant – Building and Construction Industry Security of Payments Act 2002 (Vic)
  • 26th March 2014
    T Clarke (Scotland) Ltd v MMAXX Underfloor Heating Ltd [2014] ScotCS CSOH_62