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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  • 14th December 2012
    Adam Wood Group Pty Ltd v Procon Builders Pty Ltd [2012] VCC 2002
    Building Contract - payment claim - whether plaintiff is or claims to be entitled to a progress payment - contractual requirement for statutory declaration - payment schedule – summary judgment granted- Building and Construction Industry Security of Payment Act 2002 ss 14,15 and 17
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  • 14th December 2012
    Nigro v EVS Group Pty Limited [2012] NSWSC 1545
    Contract - Building and Construction Industry (Security of Payment) Act 1999 - entitlement of non- contractual party to recover moneys paid pursuant to a judgment filed under s 25 of the Act
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  • 14th December 2012
    Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571
    Building and Construction - adjudication - whether determination void - jurisdiction - meaning of "subsequent named month" - bona fide attempt determine matter - procedural fairness
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  • 5th December 2012
    Synergon Constructions v Cusack Group Pty Ltd [2012] WASC 474
    Costs - Indemnity costs ordered - Turns on own facts
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  • 4th December 2012
    The Trustees of the Roman Catholic Church for the Diocese of Lismore v T F Woollam and Son [2012] NSWSC 1559
    Building and Construction Industry Security of Payment Act 1999 (NSW) - jurisdictional error - whether adjudicator acted outside jurisdiction - whether payment claims complied with the requirements of s 13(4) and (5) of the Act - whether compliance with s 13(5) is jurisdictional
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  • 30th November 2012
    Avopiling (NSW) Pty Ltd v Menard Bachy Pty Ltd [2012] NSWSC 1466
    Building and Construction Industry Security of Payment Act 1999 (NSW), adjudication determination, functions and duty of adjudicator, whether jurisdictional error, whether denial of natural justice, s 22(3), extent of requirement to provide reasons, procedural fairness, content of adjudication, whether erroneous consideration, misunderstanding and/or failure to address or consider matters, whether quash and/or void determination, no jurisdictional error exposed
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  • 28th November 2012
    Blue Constructions Pty Ltd v ZX Group Pty Ltd [2012] VCC 187
    Building Contract – default judgment – failure to file a defence – whether arguable defence – identifying terms of construction contract - judgment set aside - Building and Construction Industry Security of Payment Act 2002; County Court Civil Procedure Rules Rule 21.07
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  • 27th November 2012
    IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439
    Building and Construction - adjudication - jurisdictional error - construction contract – guarantee – indemnity
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  • 27th November 2012
    Capricorn Quarries Pty Ltd v Inline Communication Construction Pty Ltd & ors [2012] QSC 388
    Contracts – Building, Engineering and related contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments - where the first respondent claims it is entitled to progress payments – where the first respondent contracted with the applicant, a quarry operator, for the processing of quarry materials – where the first respondent used its own plant to process materials - whether road building materials are capable of constituting related goods and services – whether the work performed by the claimant was “construction work” or the supply of “related goods and services” under a “construction contract” entitling it to progress payments
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  • 27th November 2012
    EPF Concreting P/L v Hall [2012] QDC 349
    Appeal –leave to extend time – orders not made and/or not filed (though some rectified) - leave to appeal – whether judgment against appellant sustainable, Building and Construction Industry Payments Act 2004 (Qld) Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 (Qld) s 105, District Court of Queensland Act 1967 (Qld) s 52(1), Magistrates Courts Act 1921 (Qld) ss 45(2)(a), 45(5), 47, 60, Queensland Civil and Administrative Tribunal Act 2009 (Qld) Schedule 2, Uniform Civil Procedure Rules 1999 (Qld) rr 283, 660(1)(b), 660(3), 661, 661(1), 661(2), 661(4)(b), 663(1)(a), 683, 748, 766(1)(a), 766(1)(c), 785
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