Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
previous12...31323334353637...150151next
  • 15th March 2012
    Hire Access Pty Ltd v Michael Ebbott t/a South Coast Scaffolding and Rigging [2012] WASC 108
    Appeal - Interim order - Application to stay decision of primary court – Decision of the State Administrative Tribunal setting aside decision of an arbitrator - Construction Contracts Act 2004(WA) - Whether open to order stay in the circumstances - Whether stay appropriate in any event   Legislation: Construction Contracts Act 2004 (WA), pt 3, s 43, s 46 Rules of the Supreme Court 1971 (WA), O 65 r 1, O 65 r 4, O 65 r 13 State Administrative Tribunal Act 2004 (WA), s 105(9), s 106
    Click here to read more
  • 15th March 2012
    Walter Lilly & Co Ltd v DMW Developments Ltd [2012] EWHC 649
    Click here to read more
  • 14th March 2012
    Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea's Concreting & Anor [2012] QSC 51
    Taxes and duties – administration of federal tax legislation – collection and recovery of tax – collection of amount from third party – Taxation Administration Act 1953 (Cth), Schedule 1 s260-5 – notices – statutory charge created by – where moneys paid into court by recipient of notice – where debt owing be recipient to taxpayer discharged by that payment – whether Commissioner of Taxation entitled to a charge over money in court.
    Click here to read more
  • 14th March 2012
    Matic Plastering Pty Ltd v Milojevic [2012] VCC 556
    Building and construction industry - security of payment – summary judgement – whether construction contract  Building and Construction Industry Security of Payment Act 2002
    Click here to read more
  • 9th March 2012
    Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31
    Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 – adjudication determination - whether Act applied to contract - definition of "related goods and services" Statutory Interpretation – Words and Phrases - Building and Construction Industry Security of Payment Act 1999 - "related goods and services" Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 – adjudication determination - application of s 7(2)(c) - whether calculation of consideration by reference to value of services provided. Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether adequate notification of adjudication application. Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether...
    Click here to read more
  • 8th March 2012
    Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234
    Procedure - interlocutory injunction – to prevent filing of adjudication certificate in court pursuant to s 25 of the Building and Construction Industry Security of Payment Act 1999 - whether arguable case and balance of convenience - where evidence of defendant having no assets. Administrative Law – whether adjudicator had jurisdiction under Act - where application made out of time – where claim already lodged for same reference dates and work - whether denial of natural justice. BUILDING AND CONSTRUCTION - security of payment legislation – whether more than one adjudication application can be made for same reference dates and work.
    Click here to read more
  • 7th March 2012
    Metro Partitions Pty Ltd v Ichor Constructions Pty Ltd [2012] VCC 189
    Building and Construction Industry – security of payment – progress payment claims-final payment – summary judgment - Building and Construction Industry Security of Payment Act 2002 ss 10B, 14, 15 and 16
    Click here to read more
  • 1st March 2012
    State Side Electrical Services Pty Ltd v WA Commercial Constructions Pty Ltd [2012] WADC 27
    Practice and procedure - Application to enforce adjudication under Construction Contracts Act 2004 - Consideration of applicable principles   Legislation: Construction Contracts Act 2004 Civil Judgments Enforcement Act 2004
    Click here to read more
  • 1st March 2012
    Georgiou Building Pty Ltd v Perrinepod Pty Ltd [2012] WASC 72
    Winding up application - Insolvency - Adjudication under Construction Contracts Act 2004 (WA) - Whether winding up application is an abuse of process - Enforcement of adjudication - Whether creditor is a judgment creditor under s 457P Corporations Act 2001 (Cth)   Legislation: Construction Contracts Act 2004 (WA), s 43 Corporations Act 2001 (WA), s 95A
    Click here to read more
  • 24th February 2012
    Christie v Seventh Day Adventist Schools (South Queensland) Ltd [2012] QDC 32
    Recovery of monies – statutory entitlement to payment – unlicensed contractor – progress claim valid only so far as it did not involve building work; Queensland Building Services Authority Act 1991 s 42(3), (4); Building and Construction Industry Payments Act 2004 ss 12, 13, 17; Cant Contracting Pty Ltd v Casella [2007] 2 Qd R 13 - followed
    Click here to read more
previous12...31323334353637...150151next