Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 20th November 2008
    Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd [2008] NSWSC 1329
    COSTS - security for costs - discretion - whether, if ordered, plaintiff able to pay security for costs - whether plaintiff's impecuniosity was caused by the defendant's conduct, the subject of proceedings - whether an order for security for costs would stultify proceedings - whether security for costs should be ordered against a party who is, in substance a defendant. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 - UCPR
  • 18th November 2008
    1-5 Grantham Street Pty Ltd & 415 Brunswick Road Pty Ltd v Glenrich Builders Pty Ltd [2008] VSCA 228
    STAY - Whether appeal sufficiently arguable - Whether special or exceptional circumstances - Stay granted on terms. SECURITY FOR COSTS - Uncertainty about appellants’ financial position - Conduct of appellants considered - Security ordered.
  • 17th November 2008
    Allen Wilson Joinery Ltd v Privetgrange Construction Ltd [2008] EWHC 2802 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary All express terms of the contract must be recorded in writing for the contract to come within Part II of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”), not just those material to the issues under adjudication.  However, implied terms will not cause an otherwise written contract to fall outside the operation of Part II.  Mr Justice Akenhead, Queen’s Bench Division, Technology and Construction Court BACKGROUND Privetgrange Construction (“PC”), the main contractor in a development known as Silverwood, engaged Allen Wilson Joinery (“AWJ”) as a sub-contractor to manufacture, deliver and install three flights of stairs.  The parties first made contact in May 2007 following...
  • 14th November 2008
    Independent Fire Sprinklers (NT) Pty Ltd v Sunbuild Pty [2008] NTSC 46
    BUILDING AND CONTRUCTION – construction contract – adjudicator’s determination – subsequent judgment – whether judgment should be stayed or set aside – whether adjudicator has jurisdiction to determine whether the application was served within time – whether determination void – whether other relief available to the plaintiff – Construction Contract (Security of Payment Act (NT) – summons dismissed with costs
  • 13th November 2008
    Knight Build v Urvasco [2008] EWHC 3056 (TCC)
  • 6th November 2008
    Remo Constructions P/L v Dualcorp P/L [2008] NSWSC 1172
    CORPORATIONS - winding up - statutory demand - two demands by same alleged creditor - applications for orders setting aside demands - originating process contains claim for order in respect of one demand and claim for order in respect of other demand - single alleged offsetting claim advanced as ground for both orders - whether procedure regular LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999, s 25 - Corporations Act 2001 (Cth), ss 459E, 459G - Uniform Civil Procedure Rules 2005, rule 6.18(1)(a)
  • 3rd November 2008
    Ainsworth v RJ Neller Building Pty Ltd & Anor [2008] QDC 272
    Uniform Civil Procedure rules r 5, r 165, r 171,r 280, r 483 re Building and Construction Industry Payments Act 2004 s 3 - separate determination that plaintiff a "resident owner" for purposes of the Act (being upon defendant builder's entitlement to bring a payment claim before an adjudicator) - argument that a person ordinarily resident elsewhere could not qualify rejected - plaintiff's claims for declaration that nothing owed to builder (notwithstanding adjudicator's unsatisfied awards in its favour) and for damages for alleged deficiencies in the work sought to be struck out or permanently stayed - grounds for defendant's application included that plaintiff's expert report foreshadowed in the pleading identifying unsatisfactory work as other particulars of it, were not forthcoming, plaintiff had "gutted" the premises so that while his experts had had access to them to examine the work,...
  • 31st October 2008
    Plaza West P/L v Simon's Earthworks (NSW) P/L [2008] NSWSC 753
    BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 (NSW) s 9(a) - Requirement that progress payment be calculated in accordance with the terms of the contract - adjudicator determines amount to be calculated by reference to a provision which is a mechanics provision rather than according to criteria set by contract - approach to calculation a matter for adjudicator - adjudication determination not invalid even if adjudicator makes error of law provided he makes bona fide attempt to exercise the power conferred by the Act - no denial of natural justice by adjudicator in not dealing with further submissions of respondent where to do so is unnecessary by reason of acceptance of claimant's primary submission - adjudication valid - claimant obtains judgment in District Court based on adjudication - respondent seeks repayment of part alleged to be liability of claimant to sub-contractor...
  • 31st October 2008
    Liberty Mercian v Dean & Dyball Construction Ltd [2008] EWHC 2617 (TCC)
  • 27th October 2008
    Coleraine Skip Hire v Ecomesh Limited [2008] NIQB 141