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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  • 2nd April 2008
    Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd [2008] EWCA Civ 286
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  • 1st April 2008
    Masterton Homes P/L v Palm Assets P/L [2008] NSWSC 274
    Contract Construction and interpretation of contracts Equity Rectification  General principlesRequirement of clear and convincing proof of a common intention inconsistent with the words deliberately employed Evidence  Admissibility of post-contract communicationsAdmissibility of post-contract admissions Distinction between evidence admissible upon construction of contract as opposed to rectification Contract under consideration set out in undertaking given to the Court Onus of proofLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) -Home Building Act 1989 (NSW)
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  • 27th March 2008
    Enterprise Managed Services Ltd v East Midland Contracting Ltd [2008] EWHC 727 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A provision preventing any action or proceeding other than adjudication before the project was certified practically complete was supposedly breached when one party brought court proceedings to reverse the decision of an adjudicator.  As well as again showing its aim to give effect to what it sees as the intentions of the parties to an inadequate agreement, the court showed that the failure to provide certificates in line with an agreement need not prevent the satisfaction of an obligation for certification and so did not prevent the proceedings to attempt to reverse the adjudicator’s decision. His Honour Judge Stephen Davies – Queen’s Bench Division, Technology and Construction Court Background The claimant issued proceedings...
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  • 14th March 2008
    London Underground Ltd v Metronet Rail BCV Ltd [2008] EWHC 502 (TCC)
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  • 13th March 2008
    Edenbooth Ltd v Cre8 Developments Ltd [2008] EWHC 570 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The courts recognise that there is pressure on parties to a dispute to produce submissions in adjudications within short spaces of time, however, this is necessary for an Adjudicator to give a quick decision, and so is not an adequate basis to challenge an adjudication decision on the grounds of unfairness. Mr Justice Coulson  – Queen’s Bench Division, Technology and Construction Court Background The defendant, a development company, engaged the claimant to carry out groundworks and drainage works to two properties owned by two of the defendant’s directors.  This was duly done.  A dispute arose in relation to whether further payment for the works was required and the claimant referred the dispute to adjudication. ...
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  • 10th March 2008
    Alcan Gove Development Ltd v Thiess Pty Ltd [2008] NTSC 12
    CONTRACT – Original construction agreement – subsequent agreement adding extras – same parties – whether variation of original agreement or new agreement – when contract made – intention. Statute Referred to: Construction Contracts (Security of Payments) Act 2004 (NT)
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  • 5th March 2008
    Project Architecture Pty Limited v Peter's of Kensington Pty Limited [2008] NSWDC 24
    Claim under Building and Construction Industry Security of Payment Act 1999 - Application for Summary Judgment - Relevant principles - Whether triable issue of fact or law had been disclosed - Whether party raising triable issue of fact required to cross-examine opposing party LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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  • 4th March 2008
    David Hurst Constructions Pty Ltd v Shorten [2008] NSWSC 164
    CONSTRUCTION – CONTRACT – whether Building and Construction Industry Security of Payment Act 1999 applies – whether construction contract within s 7(2)(b) – statutory construction – whether claimant entitled to payment claim – claimant’s application for summary judgment under Uniform Civil Procedure Rules 2005, Pt 13, r 13.1LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Home Building Act 1989Interpretation Act 1987 - Uniform Civil Procedure Rules 2005
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  • 3rd March 2008
    Holmes Constructions Wellington Ltd v Rees HC AK CIV 2006-404-004219 [2008] NZHC 229
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  • 29th February 2008
    Da Silva and Da Silva Constructions P/L v Bresond P/L [2008] NSWSC 158
    Consumer Trader & Tenancy Tribunal has no jurisdiction to order corporate plaintiff to provide security for costs - Tribunal not a court under Corporations Act 2001 (Cth) and not otherwise authorised LEGISLATION CITED: Consumer Trader and Tenancy Tribunal Act 2001 - Corporations Act 2001 (Cth) - Home Building Act 1989 - Local Courts Act 1982
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