Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 2nd June 2009
    Uniting Church in Australia Property Trust (Qld) v Davenport & Anor [2009] QSC 134
    Contracts – Building, Engineering and related Contracts – Remuneration – Amount – where the applicant entered into two contracts with the second respondent builder for certain building and construction works – where the second respondent made payment claims under each contract – where adjudicator appointed under the Building and Construction Industry Payments Act 2004 to decide the amount of each of the progress payments under the payment claims – where the second respondent requested the adjudicator revise its decision – where adjudicator acceded to the second respondent’s request – whether adjudicator should be restrained from making a correction to his decision – whether the adjudicator’s original decisions contained errors arising from an accidental slip or omission – whether the adjudicator’s original...
  • 21st May 2009
    Spark It Up Limited v Dimac Contractors Limited & Anor HC WN CIV-2008-485-1706 [2009] NZHC 704
  • 15th May 2009
    Lucas Stuart v Hemmes Hermitage [2009] NSWSC 477
    Building and Construction Contracts - plaintiff served payment claim - whether defendant provided payment schedule - whether defence in these proceedings arises under the contract.   BUILDING AND CONSTRUCTION CONTRACTS - provision of payment schedule - whether can be provided by an agent - agent can only provide payment schedule where provision would bind principal.
  • 13th May 2009
    Zen Ridgeway Pty Ltd v Adams & Anor [2009] QSC 117
    Real Property – Torrens Title – Caveats against delaings – Removal – where applicant is the registered owner as trustee of land – where respondent lodged a caveat over the land – where applicant seeks removal of caveat – whether there is a serious question to be tried as to whether respondent has a caveatable interest in the land Equity – Trusts and Trustees – Powers, Duties, Rights and Liabilitles of Trustees – Indemnity, Lien and Rrimbursment – General Pinciples – where applicant is registered owner as trustee of land – where judgment awarded against applicant for liability incurred as trustee – nature of applicant’s right of indemnity out of trust assets – whether respondent creditor may be subrogated to the applicant trustee’s right of exoneration or lien
  • 7th May 2009
    Bovis Lend Lease v Cofley Engineering Services [2009] EWHC 1120
  • 7th May 2009
    Thylacine Construction v Capital Merchant Finance Limited AK CIV 2008-404-7683 [2009] NZHC 509
  • 5th May 2009
    Letchworth Roofing v Sterling Building Company [2009] EWHC 1119
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary In this case the court held that (a) where an adjudicator had not been appointed in accordance with the provisions of the adjudication clause in the contract, he lacked jurisdiction and his award was unenforceable; (b) where the Scheme for Construction Contracts applied, there could be two adjudications on the same issue at the same time provided that no decision had been reached in either adjudication. Technology and Construction Court, Mr Justice Coulson BACKGROUND Sterling Building Company (“Sterling”) employed Letchworth Roofing Company (“Letchworth”) to carry out roofing works pursuant to a subcontract incorporating the JCT Standard Form of Subcontract DOM/1.  Following completion of the works, Sterling...
  • 5th May 2009
    Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd trading as Novatec Construction Systems [2009] NSWSC 416
    Contracts – building, engineering and related contracts – other matters – Building and Construction Industry Security of Payment Act 1999 – second payment claim for items the subject of a previous claim – second claim is precluded by principles of estoppel and the provisions of the Act – appropriate for the Court to intervene prior to an adjudication determination to prevent such a claim from proceeding  - ESTOPPEL – issue estoppel – adjudication under Building and Construction Industry Security of Payment Act 1999  
  • 1st May 2009
    Nebmas Pty Ltd v Sub Divide Pty Ltd & Ors [2009] QSC 92
    Contracts – Building, Engineering and related Contracts – The Contract – Construction of Particular Contracts and Implied Condititions - Settlement of Disputes – where a condition in the Tender Document is inconsistent with a condition in the general contract – whether condition in the Tender Document prevails Statutes – Acts of Parliament  - Interpretation – Permissive, Directory and Mandatory Powers – where s 21(2) of the Building and Construction Industry Payments Act 2004(Qld) states that an adjudication application “can not be made” unless the claimant gives the respondent a notice within a specified time – whether notice outside of time renders adjudication void - Building and Construction Industry Payments Act 2004 (Qld), s 21(2) - Building and Construction...
  • 1st May 2009
    Olbourne v Excell Building Corp Pty Limited [2009] NSWSC 349
    Contracts – building, engineering and related contracts – other matters – grounds upon which an adjudication determination can be reviewed – the existence of a construction contract under s 4 of the Building and Construction Industry Security of Payment Act 1999 is a basic and essential element of the Act – meaning of ‘arrangement’ in s 4 – facts and circumstances giving rise to an ‘arrangement’