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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
6th September 2012Unifor Australia Pty Ltd v Katrd Pty Ltd atf Morshan Unit Trust t/as Beyond Completion Projects [2012] QSC 252Administrative Law – Judicial review – Grounds for review – Jurisdictional matters – where the respondent succeeded in an adjudication claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the respondent provided the wrong supporting spreadsheet to the adjudicator – where neither side realised the incorrect spread sheet had been provided at the time of the adjudication - where the adjudicator acknowledged a difficulty in indentifying precisely what the terms of the contract were between the parties – where the applicant contends that an essential statutory pre-requisite for an adjudication decision was not satisfied – where the applicant contends the decision of the adjudicator was fatally infected by jurisdiction error – where the applicant contends that there was an error of law on the face of...
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5th September 2012Singleton v Marina Apartments [2012] VCC 1341Summons for Summary Judgment – principles to be applied - Plaintiff’s claim for return of deposit and interest in circumstances where vendor failed to construct a residential unit sold off plan in substantial compliance to plans annexed to the contract – breach of an essential term of contract giving rise to a right to rescind - judgment for the plaintiff – interest calculated from time plaintiff entitled to repayment of deposit
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29th August 2012Cape Range Electrical Contractors Pty Ltd v Austral Construction Pty Ltd [2012] WASC 304Administrative law - Privative clauses - Construction of s 46(3) Construction Contracts Act 2004 (WA) - Whether s 46(3) is a privative clause - Whether s 46(3) excludes an application for a declaration that an adjudicator's determination is invalid Administrative law - Jurisdictional facts - Different standards of review - Whether matters in s 31(2)(a) Construction Contracts Act 2004 (WA) are jurisdictional facts in the broad or narrow sense Building and construction - Construction Contracts Act 2004 (WA) - Whether adjudicator's determination is invalid because adjudicator erred in holding that adjudication application had been prepared and served in accordance with s 26 - Whether adjudicator's failure to consider alleged set offs was a jurisdictional error - Whether adjudicator's failure to consider alleged set offs was a denial of procedural fairness Building and construction -...
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28th August 2012WSP CEL Limited v Dalkia Utilities Services Plc [2012] EWHC 2428This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary In this case, the Court decided that the effect of an agreement entered into by the parties setting out a procedure for dealing with a dispute concerning the validity and value of claims incorporated into a final account was to give an adjudicator jurisdiction to make a binding ruling on his own jurisdiction. Even if that was wrong the parties had in their exchanges at the beginning of the adjudication made an ad hoc agreement giving the adjudicator the authority to make a binding decision on his jurisdiction. Further, even if the adjudicator had no authority to determine his own jurisdiction he had in any event plainly been right in holding that he did have jurisdiction to determine the claims in question. Technology and Construction...
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23rd August 2012Classic Stone (Qld) Pty Ltd and Julie Mauretta Pitcher [2012] WASAT 80Construction Contracts Act 2004 (WA) - Whether decision amenable to review - Identification of parties to contract - Whether application for review should fail on basis that complexity in determining identity of parties and contractual terms makes it impossible to determine merits fairly
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16th August 2012BHW Solutions Pty Ltd v Altitude Constructions Pty Ltd [2012] QSC 214Contracts – Building, Engineering and related Contracts – Remuneration - Statutory Regulation of entitlement to and recovery of progress payments - Payment Claims - where subcontractor served payment claims on the contractor for the purpose of s 17 Building and Construction Industry Payments Act 2004 (Qld) – where the respondent did not serve payment schedules in response to the payment claims – where the contractual provision required a progress claim to be accompanied by a statutory declaration as a precondition to payment – whether absence of declaration invalidated payment claims - Building and Construction Industry Payments Act 2004, s 12, s 13, s 17, s 18, s 19, s 99, s 100 - John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited [2012] QCA 150, followed - Reed Construction (Qld) Pty Ltd...
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16th August 2012Howard and Farrell [2012] WASAT 169Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether adjudication application made within time - When payment dispute arose - Whether a demand for payment of unpaid balance of payment claim already made gave rise to separate payment dispute
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15th August 2012Tormaz Pty Ltd and High Rise Painting Contractors Pty Ltd [2012] WASAT 166Construction Contracts Act 2004 (WA) - Decision made under s 31(2)(a) of the Construction Contracts Act 2004 - A person who is 'aggrieved' as referred to in s 46(1) of the Construction Contracts Act 2004 - Decision to dismiss only part of application for adjudication - Aggrieved by decision not to dismiss whole of application for adjudication
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30th July 2012Hanave Pty Ltd v Nahas Construction (NSW) Pty Limited [2012] NSWSC 888Building and Construction Industry Security of Payment Act 1999 (NSW), Division 2A – Plaintiff (principal contractor) sought to quash adjudication determination obtained by the first defendant (respondent) and paid monies into Court pending its challenge - thereafter the second defendant (claimant), a creditor of the first defendant, which had itself obtained an adjudication determination against the first defendant served on the plaintiff a payment holding request under s 26A of the Act - later the plaintiff's challenge failed and the monies in Court were paid out to the first defendant discharging the plaintiff's debt to the first defendant - the second defendant contended that the plaintiff had discharged its obligation as principal contractor to pay money under a contract to the first defendant as respondent in contravention of a requirement under Division 2A of the Act and...