- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
28th September 2011TQM Design & Construct Pty Ltd & Anor v Romeo & Anor [2011] NSWDC 143Building Contracts - whether plaintiffs have established entitlement to summary judgment pursuant to the provisions of the Building and Construction Industry Security of Payments Act 1999 - Legislation Cited:Building and Construction Industry Security of Payments Act 1999, s 5, s 7, s 11, s 13, s 14, s 15, s 16, s 31 - Civil Procedure Act 2005, s 100, s 101 - Evidence Act 1995, s 160 - Home Building Act 1989 - Uniform Civil Procedure Rules 2005, r 14.28
-
28th September 2011Power Serve v Powerline's Clearing Group [2011] NSWSC 1180Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) – whether adjudicator erred by concluding that s34 of the Act rendered void certain provisions of construction contract - nature of requirement to 'consider' pursuant to s22 (2) – no requirement for 'consideration' to lead to a legally or technically correct answer. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW)
-
22nd September 2011Lym International Pty Ltd v Marcolongo [2011] NSWCA 303Building and Construction - s 177 Conveyancing Act 1919 - "duty of care not to do anything on or in relation to land..." - whether developer's decision to use particular support system was "doing something" in relation to land – whether developer's decision to use particular support system was something that "removed the support provided by the supporting land" - whether developer's decision to use particular support system was made without exercising reasonable care - relevance of departure from construction certificate.....
-
21st September 2011Hackney Empire Limited v AVIVA Insurance UK Limited [2011] EWHC 2378
-
16th September 2011Henry Brothers (Magherafelt) Limited v Brunswick (8 Lanyon Place) Limited [2011] NIQB 102
-
12th September 2011Witney Town Council v Beam Construction [2011] EWHC 2332 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 12.09.2011 SUMMARY (1) Where, on a proper analysis, there are two separate and distinct disputes, only one can be referred to one adjudicator unless the parties agree otherwise. Whether there are one or more disputes involves a consideration of the facts. If there is a clear link between two or more arguably separate claims or assertions that may well point to there being one dispute. (2) In this case, there was in essence only a single dispute, that being the sum of money that the contractor was due under the contract. The various issues which the employer had attempted to classify as single disputes were, in fact, simply threads of the overall dispute. In other words the issues of the extension of time, the loss and expense, the value of the variations...
-
9th September 2011Midcoast County Council trading as Midcoast Water v Reed Constructions Australia Pty Ltd [2011] NSWCA 268Trade Practices - misleading or deceptive conduct - proceedings for payment of progress claim pursuant to s 13 of the Building and Construction Industry Security of Payments Act 1999 – whether appellant was misled in failing to serve in time a payment schedule under s 14 of the Act - whether findings of the primary judge supported by the weight of the evidence - whether primary judge considered irrelevant matters.
-
9th September 2011Clyde Bergemann v Varley Power [2011] NSWSC 1039Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - judicial review - jurisdictional error - whether adjudicator fell into error by finding entitlement to payment other than in accordance with the mechanisms of the contract - natural justice and procedural fairness – whether adjudicator failed to afford natural justice or act in good faith by omitting reference to materials provided to him, but not brought to his attention by parties.
-
2nd September 2011Paul Michael Pty Ltd v J A Westaway & Son [2011] NSWSC 1076Practice - security for costs – matters relating to exercise of discretion – where defendant's proposed cross-claim would cause issues in current proceedings to be litigated in any event - motion dismissed – no question of principle.
-
29th August 2011Director of Housing v Structx Pty Ltd t/a Bizibuilders and Anor [2011] VSC 410Building Contracts – Building and Construction Industry Security of Payment Act 2002 (Vic) – Circumstances in which decisions of an adjudicator and review adjudicator are subject to judicial review – Section 7(2)(b) meaning of “in the business of building residences” – Whether valid payment schedule – Breach of the rule as to procedural fairness – Adjudication determination quashed. Administrative Law – Certiorari - Excess of Jurisdiction — Jurisdictional Error — Natural Justice - Kirk v Industrial Court (NSW) considered and applied – Adjudication determination quashed.