Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 24th March 2009
    Parkview Constructions Pty Ltd v Tayeh & Ors [2009] NSWSC 186
    Corporations - voluntary administration - deed of company arrangement - deed provides for creation of creditors' trust and execution of related implementation deed and charge - all such steps taken immediately after deed became binding - creditor applies for order under s 445D terminating deed of company arrangement - but deed already terminated by s 445C(c) upon completion of specified steps - no capacity to terminate again - reliance by plaintiff on s 447A in submissions in reply - claim for order terminating deed ab initio - whether new case can be mounted in submissions in reply - whether, in any event, s 447A order could have effect of terminating deed of company arrangement ab initio - where independently created rights and obligations have arisen from creditors' trust and related implementation deed and charge - comment on use of Part 5.3A to create scheme of administration outside...
  • 20th March 2009
    Thiess Pty Ltd & Anor v Lane Cove Tunnel Nominee Company Pty Ltd & Anor [2009] NSWCA 53
    Contracts - construction contract - Building and Construction Industry Security of Payment Act 1999 - payment schedule - whether contract required a time for provision of payment schedule - contractual payment schedule replied to contractual progress payment claim - not to statutory payment claim - stated time was not for provision of statutory payment schedule.
  • 19th March 2009
    Readiplumb Services Pty Ltd v MKM Constructions (Aust) Pty Ltd [2009] QDC 67
    Building and Construction Industry Payments Act – entitlement to progress payments – where payment claims were not served by the applicant on the respondent – or directed to the respondent in accordance with the Act – application for judgment dismissed.
  • 12th March 2009
    Mr & Mrs C Shaw v Massey Foundations & Pilings Ltd [2009] EWHC 493
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary In this case, the Court held that a party who had been ordered to pay a sum of money by an adjudicator was not entitled to stay court proceedings which had been brought to enforce the adjudicator’s decision in order to commence an arbitration.  The Court also held that the contract in this case was not exempt from statutory adjudication on the grounds that it had been made with a “residential occupier” under s 106 of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”), because, at the time the contract was made, the defendants neither occupied, nor intended to occupy, the property where the works were to be carried out as their residence. Mr Justice Coulson, Technology and Construction...
  • 10th March 2009
    Skinner v Timms & Anor [2009] QSC 46
    Contracts – Building, Engineering and related Contracts – Remuneration – Recovery – where applicant is a builder who undertook construction of a house – where first respondent was applicant’s painting subcontractor – where first respondent issued a tax invoice in the amount of $13,550.31 to applicant – where applicant did not pay and first respondent sought an adjudication under the Building and Construction Industry Payments Act 2004 (Qld) – where second respondent was the adjudicator and made an adjudication decision in first respondent’s favour – where applicant challenges the validity of the adjudication decision – whether adjudicator had jurisdiction to make the decision – whether declaratory relief under s 128 of the Supreme Court Act 1995 (Qld) should be granted Building and Construction Industry Payments...
  • 6th March 2009
    Tailored Projects Pty Ltd v Jedfire Pty Ltd [2009] QSC 32
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Payment Claim – Validity– Service of multiple payment claims in relation to one Reference Date – Whether contract requires a time for service of a payment schedule different from the 10 business days allowed statutorily – Whether estoppel by convention varying time required for service of notice under contract or statutory payment schedule – Whether unconscionable to insist on 5 day period under contract – Whether a fixed price contract or one containing provisional sums or prime cost items - Trade Practices Act 1974 (Cth) s. 87 - Building and Construction Industry Payments Act 2004, s. 10 s.18, s.17(4) and (5), s.14(4), s.18(4), s. 100 -  Abigroup Contractors...
  • 3rd March 2009
    Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47
    Building and Engineering Contracts - Building and Construction Industry Security of Payment Act 1999 - whether Construction Risks Insurance Policy contained a "construction contract"  INSURANCE - Construction Risks Insurance Policy - whether imposed an obligation on insured to perform construction work - whether obligation to take "reasonable precautions" simply a condition precedent to insurer's liability or whether it also gave rise to an enforceable promise to take those precautions.  
  • 27th February 2009
    Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32
    Procedure – Costs – Discontinuance – Default provision for costs in UCPR 42.19 – Need for reason for departing from the default provision – Primary judge makes costs order in favour of discontinuing plaintiff – Whether decision vitiated by error – Re-exercise of discretion – Whether appropriate to determine outstanding questions of costs prior to considering costs order to be made on discontinuance – Whether circumstance that discontinuance was not tantamount to capitulation justified departing from the default provision – Reasonableness of commencement of proceedings challenged by defendant, and not resolved because of plaintiff’s decision to discontinue – Relevance of late application by defendant to amend defence.
  • 25th February 2009
    Laywood and Rees v Holmes Construction Wellington Limited [2009] NZCA 35
  • 24th February 2009
    Linnett v Halliwells LLP [2009] EWHC 319
    This summary was provided by CMS Cameron McKenna LLP. For more information visit [2009] EWHC 319Declining to accept the Adjudicator’s terms of engagement and challenging his jurisdiction will not usually save a party from contractual liability for the Adjudicator’s fees where that party still participates in the proceedings notwithstanding that it does so on a without prejudice basis.  Where there has been a failure to comply with the detailed procedural aspects of the JCT 1998 adjudication clause, the Court should be slow to find that this renders the relevant part of the process a nullity so as to deprive the Adjudicator of jurisdiction.   Where there is an express adjudication provision which complies with s.108 of the Housing Grants, Construction and Regeneration Act 1996 (“the Construction Act”),...