Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
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  • 25th June 2008
    RJ Neller Building Pty Ltd v Ainsworth [2008] QDC 129
    BUILDING CONTRACTS – RESOLUTION OF DISPUTES – ADJUDICATION – where respondent to adjudication brought proceeding in District Court arising out of same contract as adjudication – where proceeding in District Court brought after adjudicators certificate served on respondent to adjudication but before adjudicators certificate filed in District Court – whether enforcement warrant issued upon judgment in District Court on filing of adjudication certificate should be stayed  - Building and Construction Industry Payments Act 2004 (Qld) s 31, s 100 -  Uniform Civil Procedure Rules r 667, r 791 -  Building and Construction Industry Security of Payment Act 1999 (NSW)    
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  • 24th June 2008
    Tayler v Lahatte & Anor HC AK CIV 2007-404-6843 [2008] NZHC 980
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  • 24th June 2008
    Saint-Alexis & Anor v Hanna HC BLE CIV 2008 406 108 [2008] NZHC 979
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  • 18th June 2008
    Richard Shorten v David Hurst Constructions P/L [2008] NSWCA 134
    CONTRACTS – contract for construction of residential units, one of which intended to be developer’s residence – whether contract excluded under s 7(2)(b) from the operation of Building and Construction Industry Security of Payment Act 1999 (NSW) STATUTORY INTERPRETATION – use of extrinsic material - Interpretation Act 1987 (NSW) ss 33, 34  LEGISLATION CITED: Acts Interpretation Act 1901 (Cth), s 15AB - Building and Construction Industry Security of Payment Act 1999 (NSW), s 7(2)(b) - Home Building Act 1989 (NSW), s 3(1) -  Income Tax Assessment Act 1936-1970 (Cth) - Interpretation Act 1987 (NSW)
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  • 18th June 2008
    Sugulogovale & Sanielo Suaniu v Hi-Qual Builders Limited HC AK CIV 2008-404-001576 [2008] NZHC 988
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  • 17th June 2008
    Hitachi Ltd v O'Donnell Griffin Pty Ltd & Ors; O'Donnell Griffin Pty Ltd v Hitachi Ltd & Ors [2008] QSC 135
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – adjudication of progress payments under the Building and Construction Industry Payments Act 2004 (Payments Act) – where adjudication considered selected larger variation claims but not numerous small claims – where applicant/respondent sought an order that adjudication decision was void – whether having regard to legislative intent, s 26 Payments Act requires an adjudicator to examine each and every variation in a large claim – whether the adjudicator acted bona fides – whether the adjudicator observed procedural fairness
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  • 12th June 2008
    Pacific Islands Express P/Lv Empire Building Development P/L[2008] NSWSC 576
    CORPORATIONS winding up in insolvency statutory demand  requirement for an affidavit supporting an application to set aside a demand failure to satisfy "Graywinter principle"  whether court may extend period for compliance with demand  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 23, 24, 25, 32 - Corporations Act 2001 (Cth), ss 459F, 459G
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  • 11th June 2008
    Calsun v Lovton (No 2) [2008] NSWDC 133
    BUILDING & CONSTRUCTION - security of payment - costs of partially successful application  LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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  • 11th June 2008
    Ontrac v BHCF (No 2) [2008] NSWDC 132
    BUILDING & CONSTRUCTION security of payment - judgment set aside - costs - refund of monies paid under judgment LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 - Uniform Civil Procedure Rules 2005
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  • 5th June 2008
    Richard Shorten v David Hurst Constructions P/L; David Hurst Constructions v R.W. Shorten [2008] NSWSC 546
    Building and Construction Industry Security of Payments Act 1999 - Natural justice - Whether denial of natural justice could not possibly have made a difference to the outcome Materiality Nullus commodum capere potest de injuria sua propria principle
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