Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 3rd July 2009
    Maurice Tarabay v Fifty Property Investments Pty Ltd [2009] NSWSC 617
    Trade and Commerce - Trade Practices Act 1974 (Cth) – s 51AA(1) – unconscionable conduct within the meaning of the unwritten law – the plaintiff and a company associated with the defendants were parties to a building contract - the company denied that the plaintiff was party to the contract asserting that the plaintiff’s deregistered company was the party rather than the plaintiff himself - certain of the defendants were knowingly involved in the denial – the plaintiff averred that the denial was unconscionable conduct within the meaning of the unwritten law because the plaintiff and the other party to the building contract had acted on the assumption or conventional basis that the plaintiff was a party, the denial was in the circumstances unconscionable and the other party would have been estopped from making the denial - held that the other party had not engaged...
  • 30th June 2009
    Blackadder Scaffolding Services (Aust) Pty Ltd v Mirvac Homes (WA) Pty Ltd [2009] WASAT 133
    Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Grounds of dismissal that application not served in time - Whether provisions of Sch 1, Div 5 to be implied - Whether review encompasses other grounds for dismissal not considered by adjudicaton. Legislation: Construction Contracts (Security of Payments) Act (NT), s 20Construction Contracts Act 2004 (WA), s 3, s 6, s 6(a), s 13, s 15, s 16, s 17, s 18, s 26, s 31, s 31(2), s 32(2), s 46(1), Pt 2 Div 2, Sch 1 Div 5, cl 6, cl 7Interpretation Act 1984 (WA), s 18, s 19(1)
  • 30th June 2009
    Match Projects Pty Ltd and Arccon (WA) Pty Ltd [2009] WASAT 134
    Construction Contracts Act 2004 (WA) - Whether right of review extends to decision rejecting submissions for the adjudication to be dismissed - Application of doctrine of precedent - Effect of obligation to prepare application and serve other party to the contract - Whether application for adjudication properly prepared and served Legislation: Building and Construction Industry Security of Payment Act 1999 (NSW) - Construction Contracts Act 2004 (WA), s 6, s 7, s 25, s 26, s 26(1), s 27, s 31, s 32, s 32(2)(a)(i) ­ (v), s 36, s 37, s 40, s 41, s 44, s 45, s 46, s 46(1), s 46(2), s 46(3), s 53 - Construction Contracts Bill 2004 - Construction Contracts Regulations 2004 (WA), reg 4, reg 5 - Construction Contracts (Security of Payments) Act 2004 (NT), s 33(1)(a),...
  • 25th June 2009
    William Hare Limited v Shepherd Construction Limited [2009] EWHC 1603
  • 23rd June 2009
    Perform (NSW) Pty Ltd v MEV- AUS Pty Ltd & Anor [2009] NSWCA 157
    Building and Construction - adjudication under Building and Construction Industry Security of Payment Act 1999 - payment schedule could "indicate" reasons for nil valuation by referring to previous payment schedule - in any event adjudicator's view that it could not did not make adjudication void - what is indicated in a payment schedule is for adjudicator to determine - did not fail to comply with basic and essential requirements of valid adjudication - reliance on backcharge claims as set-off - adjudicator requested further submissions - submissions included that could not rely - open to adjudicator to pay regard to submission - no denial of natural justice - no substance in complaint that adjudicator failed bona fide to exercise his powers - COSTS - adequacy of trial judge's reasons - discretion re-exercised - cross-claim did not have to be decided - but was either unnecessary or...
  • 18th June 2009
    North Midland Construction v AE & E Lentjes UK Limited [2009] EWHC 1371
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary Enabling and civils works for plant at a power station site were not excluded from the definition of “construction operations” by s.105(2)(c)(i) of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”) and the sub-contracts for these works were therefore subject to the provisions of the Act. Technology and Construction Court, Mr Justice Ramsey BackgroundAE & E Lentjes UK Ltd (“AEE”) as the turnkey contractor for works to install flue gas desulphurisation plant at two coal-fired power station subcontracted the necessary enabling works and civils to North Midland Construction Plc (“NMC”). The enabling works included erecting temporary fencing and gates, constructing temporary...
  • 16th June 2009
    Primus Building v Pompey Centre & Slidesilver [2009] EWHC 1487
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary What counts as sufficient service of an adjudication notice when a contract requires “personal delivery”?  Will the court enforce an adjudicator’s decision that is reached having regard to matters which both the parties have agreed should be ignored? Technology and Construction Court, Mr Justice Coulson Background Pompey employed Primus pursuant to a bespoke contract to provide construction management services in relation to a new build hotel and office complex.  Part of the works was cancelled.  Primus claimed loss of profit in the sum of £107,253.73 plus VAT and served an adjudication notice on Pompey by post.  The contract stated that all notices needed to be served either by “personal...
  • 15th June 2009
    Levadetes v Iberian Artisans [2009] NSCW 641
    Building and Engineering Contracts - Building and Construction Industry Security of Payment Act - progress claim - whether adjudicator erred - whether a contract or arrangement - whether "construction contract" was "for the carrying out of residential building work."
  • 15th June 2009
    A J Richardson Properties Pty Ltd v Segboer [2009] NSWSC 576
    Indemnity costs builder serves statutory demand for adjudicated progress claim knowing owner has much larger claim for overpayment that is the subject of common law proceedings in the Court plaintiff applies to set aside the demand defendant delays service of submitting appearance demand then set aside without opposition
  • 12th June 2009
    Stallion Civil Group v Tresedar Pty Ltd [2009] NSWDC 125
    Building and Engineering Contracts - Remuneration - Progress payments - Payment claims - Requirements for - Validity - Need for a payment schedule to dispute claim - Statutory debt for failure to reply with a payment schedule - Whether "construction work" - Meaning of "construction contract" - Arrangement for developer/owner to pay sub-contractor for work carried out under sub-contract with builder - Whether arrangement a construction contract - Defences to claim - Defence of misleading or deceptive conduct - Relevance of claim not made "bona fide" - Reliance - Loss or damage