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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-
30th July 2012DJs Home and Property Maintenance v Dujkovic [2012] NSWSC 870Procedure - Civil - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether service of payment claim was regularly effected - whether injunctive relief should be discharged or continued.
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12th July 2012Beck Interiors Ltd v Classic Decorative Finishing Ltd [2012] EWHC 1956 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary A losing party in adjudication will not be permitted to set-off against the award sums allegedly due to it from the winning party, unless: there is an express provision for such a set-off in the contract; or the adjudicator did not order immediate payment but instead gave a declaration as to the proper operation of the contract or ordered that the sum due should be paid but only as part of and pursuant to the existing contract machinery. In this case, there could not in any event be a set-off since, applying the rules of equitable set-off, the cross-claim was not sufficiently closely connected to the claim for the enforcement of the award. Technology and Construction Court, Mr Justice Coulson Background In February 2011 Beck Interiors Limited...
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10th July 2012Squibb Group Limited v Vertase F.L.I. Limited [2012] EWHC 1958 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 10.07.2012 SUMMARY An unsuccessful party to an adjudication will generally not be entitled to avoid the result of the adjudication by relying on a right to set-off any other claims. There are exceptions to this rule: (1) the right to set-off may be provided by the terms of the contract but such wording must be clear and must not offend the requirement for immediate enforcement of the adjudicator’s decision; (2) if the adjudicator’s decision is in the nature of a declaration as to the contractual payment machinery, rather than a one-off award, a respondent may be able to rely on the payment provisions of the contract to issue a withholding notice. In this case, the respondent was not entitled to set-off its claim for liquidated and ascertained...
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5th July 2012Re Graham Anstee-Brook; ex parte Karara Mining Ltd [2012] WASC 129Costs - Application for special costs order - Turns on own facts
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4th July 2012Beck Interiors Ltd v UK Flooring Contractors Ltd [2012] EWHC 1808 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgement date: 4.07.2012 SUMMARY Where only one working day (five calendar days spanning the Easter bank holiday weekend) was given for the respondent to consider and respond to a claim, a dispute regarding that claim was held not to have crystallised before the commencement of adjudication proceedings and an adjudicator did not have jurisdiction to decide on it.Where an adjudicator made an award in respect of a claim that was made up essentially of two parts and there was no difficulty in identifying clearly what the adjudicator had decided in relation to each part, the Court severed the award and enforced only that part of it which the adjudicator had jurisdiction to decide.Technology and Construction Court, Mr Justice AkenheadBACKGROUNDBeck...
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4th July 2012Skilled Group Ltd v CSR Viridian Pty Ltd & Anor [2012] VSC 290Unexecuted sub-contracts - Whether binding sub-contracts entered into – Sub-contracts implied from conduct – Whether conduct of parties evidenced a concluded bargain and on what terms - Fourth class of Masters v Cameron (1954) 91 CLR 353 considered and applied - Whether party estopped from denying binding sub-contracts – Whether restitutionary quantum meruit available - Lumbers v W Cook Builders Pty Limited (2007) 232 CLR 635 considered and applied - Milestone dates for progressive completion of stages of works not agreed – Whether milestone dates essential terms - Whether free acceptance of benefit arises – Construction and effect of final certificates issued by superintendent under General Conditions of AS2124 – 1992 as amended – Entitlement for payment pursuant to final certificates. CONTRACT - Whether conduct of parties evidenced a concluded...
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3rd July 2012Republic of Turkey v Mackie Pty Ltd & Anor [2012] VSC 309Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether Adjudicator had jurisdiction – Decision open to review by way of certiorari – Whether finding by adjudicator that payment claim valid reviewable – Removal of conditions not permitted under the Domestic Building Contracts Act 1995 (Vic) – Whether construction of a Consular Residence is a ‘Domestic Building Contract’ – Application of s 7(2)(b) of the Building and Construction Industry Security of Payments Act 2002 (Vic) - Director of Housing of the State of Victoria v Structx Pty Ltd [2011] VSC 410 applied. STATUTORY INTERPRETATION – Definition of ‘Domestic Building Contract’ as defined in section 3 of the Domestic Building...
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28th June 2012Ardnas (No 1) Pty Ltd v J Group (Aust) Pty Ltd [2012] NSWSC 805Building and Construction - Application to set aside adjudication determination on the basis of no jurisdiction on the grounds that the defendant impermissibly made, and the determination dealt with, more than one payment claim in relation to the same reference date in conflict with ss 13(1), 13(5) and 17(1) Building and Construction Industry Security of Payment Act 1999 (NSW) - HELD - Whether more than one payment claim was made to be viewed as a matter of substance not form - multiple invoices capable of being one payment claim for the purposes of the Act