Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 16th June 2010
    Neumann Contractors v Wyong Shire Council [2010] NSWSC 614
    Action by council to recover alleged overpayment from contractor – contract to rehabilitate and redevelop disused landfill – where specification required plaintiff to excavate to ‘top of waste profile’ –where council claimed that contractor over-excavated – whether contract required or permitted contractor to excavate existing fill beyond the top of waste profile if the material then at the top of waste profile met the specification requirements for cover soil – whether contract required or permitted the contractor to excavate more than 100mm below the top of waste profile if additional excavation was necessary to ensure the cover soil layer met the specification requirements – whether excavation beyond the top of waste profile required council approval – whether council gave approval – whether excavation in fact performed affected...
  • 14th June 2010
    Atholl Developments v UBC [2010] CSOH 94
    This summary was provided by CMS Cameron McKenna LLP. For more information visit SUMMARY (1) An award of an adjudicator would not be reduced where errors alleged to have been made by him in his decision failed to show that he had exceeded his jurisdiction or was in material breach of the rules of natural justice. (2) Accordingly an award under the same contract by the same adjudicator in a second adjudication, which was based upon his decision in the first adjudication, should not be reduced on the ground that it was tainted by the first adjudication. (3) Even if the award in the first adjudication had been reduced, the award in the second adjudication would still have been enforceable since the challenge to the first award was not made until after the second award had been issued. Outer House, Court of Session: Opinion of Lord Glennie Background The...
  • 1st June 2010
    Thiess Pty Ltd and John Holland Pty Ltd v Civil Works Australia Pty Ltd & Ors [2010] QSC 187
    Administrative Law – Judicial review – Grounds of review – Procedural Fairness – Hearing – Nature of hearing – opportunity to present case – where decision made by adjudicator under the Building and Construction Industry Payments Act 2004 – where the first respondent wrote a letter to the adjudicator outside the relevant timeframe – where the applicant also wrote a letter contending that the adjudicator was precluded from considering the first respondents letter because it was provided outside the relevant timeframe – where the applicant claims that it should have been given an opportunity to respond to the letter – where the adjudicator expressly disregarded the first respondents letter – whether  this constituted a failure on the part of adjudicator to afford the applicant natural justice   - Administrative...
  • 1st June 2010
    Doric Interiors & Construction Limited v Magsons & Vijay [2010] NZCA 224
  • 1st June 2010
    Doric Interiors & Construction Limited (In Liquidation) v Magsons Hardware Limited [2010] NZCA 224
    This case concerns statutory demands that Doric Interiors and Construction Ltd (Doric) issued against Magsons Hardware Ltd (Magsons) and Vijay Holdings Ltd (Vijay) for amounts that Doric said were owed to it under construction contracts. Magsons and Vijay are sister companies. Doric has, since the judgment under appeal was delivered, gone into liquidation.
  • 26th May 2010
    Gisley Investments P/L v Williams & Anor [2010] QSC 178
    Contracts – Building engineering and related contracts - Adjudication – where the first respondent sent the applicant a payment claim under the Building and Construction Industry Payments Act 2004 – where the applicant sent an email in response on the same day disputing the amount claimed –whether the applicant’s email constituted a payment schedule under s 18 of the Act - Statutes – Acts of parliament – Interpretation - Permissive, Directory and Mandatory Powers – where the first respondent made an application under s 21 of the Act for an adjudication of the dispute, on the basis that no payment schedule had been provided by the applicant – where, if a valid payment schedule was provided by the applicant, the first respondent’s adjudication application was out of time – whether an application made...
  • 26th May 2010
    Jean Shaw v James Scott Builders & Co [2010] CSOH 68
  • 26th May 2010
    Traditional Structures v HW Construction Ltd [2010] EWHC 1530 (TCC)
  • 21st May 2010
    Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2010] QCA 119
    Contracts – Building, engineering and related contracts – Remuneration– Statutory regulation of entitlement to and recovery of progress payments – respondent made a payment claim against appellant under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) – appellant did not deliver a payment schedule – appellant challenged validity of payment claim – respondent given summary judgment for amount claimed – whether primary judge erred in giving summary judgment - Contracts - Building Contracts – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – appellant alleged a prior payment claim existed in respect of the same reference date – respondent argued prior claim did not meet requirements of BCIP Act –...
  • 20th May 2010
    Central House Movers Limited v David Rennie Russell & Karen Leanne Russell CIV 2010-454-000103