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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-
1st September 2009Balfour Beatty Engineering v Shepherd Construction Limited [2009] EWHC 2218This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The case concerned a disputed enforcement of an adjudicator’s decision. The defendant resisted enforcement on the grounds that in serial adjudications, the second adjudicator had decided something that had already been decided by the first. The decision of the second adjudication was cast in colloquial and loose language and the defendant argued this made the decision unintelligible, therefore breaching the rules of natural justice. The defendant also claimed that the adjudicator was biased against its delay analysis expert and failed to give sufficient reasons for his decision. Technology and Construction Court, Mr Justice Akenhead Background Shepherd Construction Limited (“SCL”) was the...
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27th August 2009MC Projects Pty Ltd v Nigel Farah (t/a The Tiling Crew) v Graydone Kline and Anor [2009] QDC 288Uniform Civil Procedure Rules – Building & Construction Industry Payments Act –Where an enforcement warrant was issued authorising redirection of specified debts certainly payable -Where enforcement creditor performed work under sub-contract with the enforcement debtor pursuant to enforcement debtor’s contract with the third persons - Where no debt was certainly payable by the third persons to the enforcement debtor – whether a claim or allegation of money owing is sufficient to establish a debt - whether there was a debt certainly payable by the third persons to the enforcement debtor that could be redirected.
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27th August 2009Securcorp Ltd v Civil Mining & Construction Pty Ltd [2009] QSC 249Contracts – Building, Engineering and related Contracts – Other matters – where the Building and Construction Industry Payments Act 2004 (Qld) sets out a regime for making a payment claim under a construction contract – where the respondent undertook not to serve any further payment claim – where the applicant seeks a declaration that it is not liable to pay the respondent for building work – where there is extensive evidence on behalf of the applicant that there is no basis for a claim by the respondent – where the lack of evidence to the contrary is due to the respondent’s being directed to file material only in the event that the adjudicator ruled in its favour, which did not occur – whether it should be declared that the applicant is not liable to pay the respondent for building work undertaken
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20th August 2009Baxbex Pty Ltd v Bickle (No2) [2009] QSC 270Procedure – Costs – Departing from the general rule – Order for costs on an indemnity basis – where respondent sought costs of and incidental to the originating application to be assessed on the indemnity basis – where applicant did not oppose an order for costs being made on the standard basis but not an indemnity basis – where the applicant on this application had not acted “irresponsibly” in persisting with this application – where the applicant’s solicitor’s request that the respondent’s solicitor articulate the alleged non-compliance was not responded to – whether it was an appropriate case to depart from the usual order concerning costs
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12th August 2009Estor v Multifit (UK) Limited [2009] EWHC 2108This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary This case concerned the disputed enforcement of an adjudicator’s decision. The Court held that: where a jurisdictional challenge is dependent on fact and evidence, the Court is only permitted to give summary judgment against the defendant if it considers that the defendant “has no real prospect of successfully defending the claim or issue”. However, provided that the adjudicator had jurisdiction under a written construction contract, it did not affect his jurisdiction that he decided that the contract contained more terms than those referred to in the Adjudication or Referral Notices. The Court also held that the adjudicator’s decision regarding responsibility for his fees would have been severable...
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11th August 2009All Type Developments Pty Ltd v Hickey [2009] QSC 224Corporating – Winding Up – Winding up in insolvency – Statutory Demand – Application to set aside demand – genuine dispute as to indebtedness – Offsetting and other like claims – Generally – where the applicant entered into a building contract with the respondent builder – where the respondent served a payment claim on the applicant and subsequently obtained an adjudication decision for payment of the claim – where the adjudication decision amount was registered as a judgment debt and partially satisfied – where the respondent served a creditor’s statutory demand on the applicant for the unsatisfied judgment debt amount – where the applicant applies to set aside the statutory demand on the basis that it has an offsetting claim – whether the statutory demand should be set aside pursuant to s 459H of the...
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11th August 2009Camilln Denny Architects v Adelaide Jones & Company Limited [2009] EWHC 2110This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication SUMMARY In this case, the court held that the defendant had no real prospect of establishing that its contract with the claimant had been novated so that it had been replaced as a party to the contract by another company. Accordingly its challenge to the adjudicator’s award on the ground that he had no jurisdiction failed. In addition to rejecting the jurisdictional challenge of the losing party, the Court also showed that it will be quick to dismiss attempts to avoid enforcement which are based on nothing more than spurious arguments as to bias and/or natural justice. Technology and Construction Court, Mr Justice Akenhead BACKGROUND Camillin Denny Architects Ltd (“CDA”) were employed by Adelaide Jones & Co. Ltd (“AJ”)...
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10th August 2009Magsons Hardware Limited v Doric Interiors Construction Limited CIV 2008-404-006861
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7th August 2009Bloomer Constructions (Qld) Pty Ltd v O'Sullivan & Anor [2009] QSC 220Administrative Law – Judicial Review – Reviewable Decisions and Conduct – Decisions to which Judicial Review Legislation applies – Excluded Decisions – Other Decisions – where the applicant entered into a contract with the second respondent for building and construction services – where the second respondent issued a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the first respondent adjudicator was appointed under the Building and Construction Industry Payments Act and adjudicated in favour of the second respondent – where the applicant applies for a prerogative order under Part 5 Judicial Review Act 1991 (Qld) to quash the adjudication decision – where under an amendment by the Justice and Other Legislation Amendment Act 2007, Part 3 Division 2 Building and Construction...