Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 20th October 2009
    Advance Earthmovers Pty Ltd v Fubew Pty Ltd [2009] NSWCA 337
    Administrative Law -  Administrative tribunals- Consumer, Trader and Tenancy Tribunal ("CTTT")- jurisdiction of courts and CTTT- s 22(3) of the Consumer, Trader and Tenancy Tribunal Act 2001 ("CTTT Act")- limited jurisdiction of courts where same "issue" to be heard in CTTT- whether respondent's claim of overcharging in CTTT is the same "issue" as claim in the District Court under the Building and Construction Industry Security of Payment Act 1999 ("SOPA"). CONTRACTS- building, engineering and related contracts- remuneration- jurisdiction of courts and CTTT- whether respondent's claim in CTTT is the same "issue" as claim in the District Court- s 22(3) of the CTTT Act. CONTRACTS- building, engineering and related contracts- remuneration- interpretation and application of s 7(2)(b) of the SOPA- whether right of a contractor to proceed under s 15(2)(a)(i) to obtain summary judgment...
  • 15th October 2009
    Urban Traders v Paul Michael [2009] NSWSC 1072
    Building and Engineering Contracts  – Building and Construction Industry Security of Payment Act – whether valid payment claim – whether payment claim sought to reagitate issues decided in earlier adjudication determination – whether issue estoppel arises from adjudication determination – whether payment claim sought to reagitate issues raised in previous payment claim – whether statutory right to payment enlivened – whether issue estoppel arises from statutory right – whether abuse of process – whether adjudicator can determine claims for lost profit or cost of re-pricing or interest – whether issues appropriate to be determined by an adjudicator.
  • 9th October 2009
    London Borough of Camden v Makers UK Limited [2009] EWHC 2944
  • 8th October 2009
    Phoenix International Group Pty Ltd v Resources Combined No. 2 Pty Ltd & Ors (No 2) [2009] VSC 459
    Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic.) (in its unamended form) - Application for judgment pursuant to s. 27 – Procedure to be followed – Application for summary judgment – Order 22 Supreme Court (General Civil Procedure) Rules 2005 applied Practice and Procedure - Building and Construction Industry Security of Payment Act 2002 -  (Vic.) (in its unamended form) - Application for judgment pursuant to s. 27 – Procedure to be followed – Application for summary judgment – Order 22 Supreme Court (General Civil Procedure) Rules 2005 applied
  • 8th October 2009
    Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QSC 328
    Contracts – Building, Engineering and related Contracts – Other matters – whether the respondent should be restrained from seeking an adjudication certificate and filing a judgment in court pursuant to ss 30 and 31 of the Building and Construction Industry Payments Act 2001 (Qld)
  • 8th October 2009
    Geoffrey Osborne v Atkins Rail Ltd [2009] EWHC 2425 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Where a final decision is obtained from a court or tribunal, declaring the adjudicator to have made an error, this can, in certain circumstances, be used as a basis for the court not enforcing the adjudicator’s decision. Technology and Construction Court, Mr Justice Edwards-Stuart Facts Atkins Rail Ltd (“ARL”) was employed by Network Rail as the main contractor for the design and construction of signalling works. ARL sub-contracted the civils works to Geoffrey Osborne Ltd (“GOL”).  The sub-contract between the parties was subject to the Railtrack PLC Adjudication Rules.  ARL and GOL fell into dispute, which was subsequently referred to adjudication. The Adjudicator made a significant error in his decision...
  • 28th September 2009
    Parkview v Fortia [2009] NSWSC 1065
    Building and Engineering Contracts - Building and Construction Industry Security of Payment Act 1999 - whether 'construction contract' existed - whether payment claim valid. - PRACTICE - summary judgment - whether defence 'hopeless'.
  • 28th September 2009
    JPA Design & Build v Sentosa (UK) and Sentosa (UK) and JPA Design & Build [2009] EWHC 2312
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The case concerned two adjudications arising from the same contract.  The Court allowed the defendant to set off LDs that it had been awarded in the second adjudication against sums that the claimant had been awarded in the first adjudication.   Technology and Construction Court,  Mr Justice Coulson Background Sentosa (UK) Ltd (“Sentosa”) engaged JPA Design and Build Limited (“JPA”) to carry out the design and construction of a new medical centre. The contract was in the JCT Design and Build Form, 2005 edition, 2007 revision.  The contract provided that Sentosa would make an Advance Payment of £300,000 to JPA “to be reimbursed to the Employer at the time of the agreement of...
  • 25th September 2009
    Surfabear Pty Ltd v GJ Drainage & Concrete Construction Pty Ltd [2009] QSC 308
    Building and Engineering Contracts – Adjudication – Contract – Where respondent undertook construction work – Where negotiation for work made with home owners – Where respondent demands payment for construction work – Where owners deny liability for payment – Where respondent serves payment claim on applicant builder – Where applicant denies existence of construction contract with respondent – Where matter referred to adjudicator under BCIPA – Where jurisdiction of adjudicator challenged by applicant – Where adjudicator’s decision in favour of respondent – Where applicant challenges adjudicator’s decision – Whether the adjudicator had jurisdiction to adjudicate – Whether questions should be determined at trial.
  • 25th September 2009
    Phoenix International Group Pty Ltd v Resources Combined No. 2 Pty Ltd [2009] VSC 425
    Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic.) – Entry of judgment under s.27 of the Act as it was prior to the operation of Act No. 42 of 2006 – Recovery from the respondent of adjudicated amount as a debt due to the claimant in any court of competent jurisdiction – Form of the proceeding – Originating motion in Form 5C on notice to respondent appropriate – Order for entry of judgment by Associate Judge – Entry of judgment under s.28R of the Act after commencement of Act No. 42 of 2006 - Originating motion in Form 5D appropriate – Order for entry of judgment by Associate Judge ex parte