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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17th May 2013
McNab NQ Pty Ltd v Walkrete Pty Ltd & Ors [2013] QSC 128

Administrative Law – Judicial Review – Grounds of Review – Jurisdictional Matters – Employees of the subcontractor first respondent created a substantial safety risk in breach of instructions given by the applicant – The sub-contract allowed termination by the applicant for the first respondent’s default “in the performance or observance of any serious condition” – The applicant terminated its sub-contract with the first respondent, alleging the first respondent’s safety breach contravened a “serious condition” – A subsequent payment claim by the first respondent was upheld by an adjudicator under the Building and Construction Industry Payments Act 2004 – Whether the adjudicator had jurisdiction to determine the adjudication application – Whether the sub-contract had been validly terminated...

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10th May 2013
Maxstra Constructions Pty Ltd v Joseph Gilbert & Ors [2013] VSC 243

Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Apparent conflict between s 10B(2)(c) with s 11(1)(b)(iv) of the Act – Conflict resolved by application of statutory construction principles –Adjudicator erred in statutory construction – Jurisdictional error – Certiorari granted – Determination of adjudicator quashed and matter remitted for determination in accordance with the law.

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9th May 2013
Farrelly (M&E) Building Services v Byrne Brothers (Formwork) Ltd [2013] EWHC 1186

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (1) A party had not waived any natural justice challenge by failing to draw to the Adjudicator’s attention the matters which it later contended amounted to a breach of the rules of natural justice; (2) for there to be a breach of natural justice it must be shown that the Adjudicator has gone off on a “frolic of his own”; the defendant had no real prospect of doing so on the facts of this case; (3) there is no general obligation on a party seeking enforcement of an adjudicator’s decision to disclose to the other party confidential information of its financial and business position so that the other party can consider whether there are grounds for applying for a stay of any judgement enforcing the decision. The fact...

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9th May 2013
State Asphalt Services Pty Ltd v Leighton Contractors Pty Ltd [2013] NSWSC 528

Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether the Act should be interpreted so as to permit a party to move for judgment on first payment claim when a second identical payment claim has been issued and responded to with a payment schedule - whether bringing of proceedings is an abuse of the Act - whether bringing of proceedings is an abuse of process - whether party ought to be estopped from bringing proceedings - whether claimant engaged in misleading or deceptive conduct – whether counterparty can bring a cross-claim

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8th May 2013
TSG Building Services Plc v South Anglia Housing Ltd [2013] EWHC 1151

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Although a dispute comprised three primary strands or issues, it nevertheless constituted one dispute and the Adjudicator therefore had jurisdiction to determine it. However, on the application of the responding party, the Court granted a declaration that, on a proper interpretation of the contract, the claimant was not entitled to compensation for the non-recovery of overheads and profit which the Adjudicator had awarded in his decision and the Adjudicator was therefore wrong to order it. But since the Adjudicator had had jurisdiction, his order that the responding party should pay his fees was enforced. Technology and Construction Court, Mr Justice Akenhead Background TSG Building Services Plc (“TSG”) was contracted...

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3rd May 2013
Anderson Street Banksmeadow Pty Ltd v Helcon Contracting Australia Pty Ltd [2013] NSWSC 491

Building and Construction – whether adjudication determination void - breach of natural justice - decision on basis not foreshadowed to the parties

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2nd May 2013
Re David Scott Ellis; Ex Parte Triple M Mechanical Services Pty Ltd [No.2] [2013] WASC 161

Certiorari - Construction Contracts Act 2004 (WA) s 27(1) and s 41 - Adjudicator - Timing for response - Significance of late response – Alleged jurisdictional error - Effect of electronic communications - When received - Extent of review

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2nd May 2013
Muneer Hamid t/a Hamid Properties v Francis Bradshaw Partnership [2013] EWCA Civ 470

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1st May 2013
Digdeep Investments Pty Ltd v NW Constructions Pty Ltd [2013] WASAT 60

Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator - Whether document a notice of dispute

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30th April 2013
McCarthy t/a PJ McCarthy Commercial and Residential Builders v The State of Queensland [2013] QDC 79

Application – summary judgment – application dismissed - statutory debt - Building and Construction Industry Payments Act 2004 (QLD) – section 19 – Uniform Civil Procedure Rules 1999 (QLD) – rule 292 – whether payment claim valid – progress payments – where no reference date specified under contract – where contract provided time for making payments was ‘monthly’ – where alleged multiple payment claims made in relation to earlier reference dates - whether a real prospect of defending a claim - whether no need for a trial – where plaintiff ought to be put to strict proof of his claim

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