Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
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  • 27th August 2013
    Q Civil & Construction Pty Ltd v Nadler [2013] TASMC 45
    Procedure – Judgments - Application for summary judgment – considerations Profession and Trades – Builders – other matters – claim for payment by builder under Building and Construction Industry Security of Payment Act – enforcement – whether notice of payment schedule served in time – calculation of time Building and Construction Industry Security of Payment Act 2009, ss 17,19, 27 Magistrates Court (Civil Division) Rules 1995, r115 Acts Interpretation Act 1931, s29
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  • 26th August 2013
    McConnell Dowell Constructors (Aust) Pty Ltd v Heavy Plant Leasing Pty Ltd [2013] QSC 223
    Contracts – Building, Engineering and related contracts - Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Sub Contractors’ Charges Act (QLD) – where the applicant is a subcontractor providing earthworks and where the first respondent is its subcontractor – where the first respondent served the applicant with notices of claim of charges pursuant to s 10(1)(a) Subcontractors’ Charges Act 1974 (Qld) (Charges Act) – where the applicant contended the notices were not sufficiently particularised and consequently invalid and “must be withdrawn” – where the first respondent accepted the notices were invalid – where the first respondent subsequently commenced adjudication proceedings pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act)...
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  • 23rd August 2013
    Gray t/as Clarence Valley Plumbing Services v Ware Building Pty Ltd [2013] NSWCA 271
    Appeal and New Trial - procedural fairness - where request for adjournment and transfer of trial to another location refused - where defendant (now appellant) did not attend - whether violation of the hearing rule established
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  • 23rd August 2013
    NSW Land and Housing Corporation v DJs Home and Property Maintenance Pty Ltd (in liquidation) [2013] NSWSC 1167
    Corporations - Winding up - Corporations Act 2001 (Cth) ss 500(1), 501, 569(1) - Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) Div 2A ss 26A, 26B, 26C ("the SoP Act") – Contractors Debts Act 1997 (NSW) ss 5, 6, 7, 8, 9(1), 11(1) ("the CD Act") - whether service of a payment withholding request under s 26A of the SoP Act on a company creates a charge over the monies retained in favour of the claimant - Held no charge created – whether service of a payment withholding request is an attachment put in place against the property of the company within s 500(1) of the Corporations Act
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  • 21st August 2013
    Lend Lease Project Management & Construction (Australia) Pty Ltd v Kellogg Brown and Root Pty Ltd [2013] NSWSC 1142
    Contract - construction - plaintiff and defendant parties to professional services agreement – whether clause providing for the limitation of defendant's liability to plaintiff void for uncertainty – whether condition precedent to limitation of liability that plaintiff take out insurance - whether condition precedent satisfied - whether and to what extent liability of plaintiff to defendant limited
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  • 21st August 2013
    Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [No. 3] [2013] VSC 435
    Arbitration – Stay application under s 8 of the Commercial Arbitration Act 2011- s 8 considered – Stay granted in part. Building Contract - Clause 42 of Australian Standard Contract AS4300–1995 contract considered. Prcatice and Procedure - Summary judgment sought pursuant to s 63 of the Civil Procedure Act 2010 or Order 22 of the Supreme Court (General Civil Procedure) Rules 2005 - Applicable test for summary judgment under the Civil Procedure Act 2010 determined by the Court of Appeal on a reference pursuant to s 17B(1) Supreme Court Act 1986 [2013] VSC 201 and applied
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  • 8th August 2013
    Pines Living Pty Ltd v John O'Brien & Walton Construction Pty Ltd [2013] ACTSC 156
    adjudication of progress payment claims under Building and Construction Industry (Security of Payment) Act 2009 (ACT) - whether an extension of time and leave to appeal from an adjudicators decision should be granted � whether jurisdictional or non-jurisdictional error
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  • 2nd August 2013
    Stadaline Pty Ltd H& N Latter Family Trust v Hassani [2013] QCAT 400
    Commercial Building Dispute – where head contract terminated by building owner for alleged breach by subcontractor – whether amounts paid pursuant to an adjudication under the Building and Construction Industry Payments Act 2004 should be repaid – whether the head contractor was entitled to terminate – whether the head contractor or subcontractor is entitled to damages and interest
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  • 26th July 2013
    Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2013] VSCA 179
    Contract - Building contract Provision for proprietor to take works over and complete Provision for Supervisor to ascertain cost to complete and certify amount payable Whether Supervisors certificate complied with contract Whether open to appellant builder to challenge certificate  Whether contractual dispute resolution procedures required to be followed Election Waiver  Appeal dismissed
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  • 19th July 2013
    EC & M Pty Ltd v CTEC Pty Ltd [2013] WASAT 114
    Construction Contracts Act 2004 (WA) - Application for review of decision by an adjudicator to dismiss - Whether adjudication lodged out of time - Effect of notice from Principal disputing claim when contract provides for assessment by Superintendent - Whether contract has provisions on how to respond to claim - Whether statutory terms implied
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