Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 22nd July 2009
    Speymill v Baskind
  • 22nd July 2009
    Reed v Eire [2009] NSWSC 678
    Administrative Law. Application to set aside determination under Building and Construction Industry Security of Payment Act 1999.Whether the decision was a nulity and whether there was a denial of natural justice resulting from the adjudicator's determination of the question of when a payment claim was served. Held not. Consideration of terms of Electronic Transactions Act 2000. Trade and Commerce. Whether statements in adjudication application were misleading and deceptive. Held not and no effective causal link.
  • 20th July 2009
    Wormall Pty Ltd v Marchese Investments Pty Ltd [2009] WADC 102
    Building and construction - Determination made under Construction Contracts Act 2004 (WA) - Enforcement of judgment - Means inquiry - Application for time for payment order Legislation: Civil Judgments Enforcement Act 2004 (WA) s 21, s 26, s 31, s 32, s 90 Corporations Act 2001 (C'th) s 95A, s 436A, s 459A, s 459E, s 588G, s 588H
  • 20th July 2009
    Queensland Bulk Water Supply Authority v McDonald Keen Grp Pty Ltd & Anor [2009] QSC 165
    Contracts – Building, Engineering and Related Contracts – Other Matters – Where construction contract to undertake rock excavation – Where the Second Respondent made an adjudication decision on a claim under the Building & Construction Industry Payments Act 2004 (Qld) (Payments Act) – Where the Applicant has applied for a declaration that the adjudicator’s decision is void on the basis that there was no evidence on which the adjudicator could determine the amount of the claim – Whether the adjudicator failed to comply with the statutory provisions of the Payments Act – Whether the adjudicator failed to accord natural justice in the decision making process –– Whether the adjudicator erred in taking into account a Facsimile in forming part of the decision about the contract.
  • 17th July 2009
    Barr Ltd v Klin Investments UK Ltd [2009] ScotsCS CSOH 104
  • 17th July 2009
    Holmes Construction Wellington Ltd v Rees CIV 2006-404-004219
  • 14th July 2009
    Plimmerton Courtyard Limited v Keith Richard Huntington & Anor CIV 2009-485-772
  • 14th July 2009
    Windglass Windows v Capital Skyline Construction & London & City Group Holdings [2009] EWHC 2022
    This summary was provided by CMS Cameron McKenna LLP. For more information visit SUMMARY An adjudicator had not exceeded his jurisdiction by finding that it was a requirement that the grounds for withholding payment set out in a withholding notice issued pursuant to the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) should be valid for that notice to be effective.  A defendant in an adjudication cannot rely on a cross-claim which has not been the subject of a withholding notice. Technology and Construction Court, Mr Justice Coulson BACKGROUND Capital Skyline Construction Ltd (“Capital”) engaged Windglass Windows Ltd (“Windglass”) to supply and install glazing.  London and City Group Holdings Ltd (“LCGH”) was Capital’s parent company.  Capital's...
  • 9th July 2009
    Doyle v Hall Chadwick [2007] NSWCA 159
    Costs - Assessment - Certificate taking effect as judgment - Whether appeal against assessment still available - Whether costs assessor can determine questions of construction of a costs agreement - Whether condition of conditional costs agreement, depending on recovery of monies, satisfied.
  • 8th July 2009
    Aceramais Holdings Limited v Hadleigh Partnerships Limited [2009] EWHC 1664
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary The court held, on the facts of this case, that there was a “contract in writing” for the purposes of s. 107(2) of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”).  In relation to an ongoing adjudication, the Court will only make a declaration that a contract is not “in writing” where the case is so clear-cut that it can act quickly and in effect stop the adjudication by way of the declaration. Technology and Construction Court, HHJ Frances Kirkham Background Aceramais Holdings Ltd (“AHL”) entered into discussions with Coventry Timber Frame Company (CTF) to undertake a project whereby AHL would purchase a property and CTF would develop it; the companies were to split...