Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 16th October 2014
    Patrick Stevedores Operations No. 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC 1413
    Building and Construction Industry Security of Payment Act 1999 (NSW) - application for declarations that two adjudication determinations concerning same payment claim void - validity of payment claim - whether one-off payment due under contract after termination a "progress payment" capable of supporting a payment claim - whether reference date fixed by contract or s 8(2)(b) - effect of termination before contractual reference date arises – whether party entitled to withdraw adjudication application under s 26 and file new adjudication application - whether jurisdictional error where adjudicator failed to consider all claims and submissions – whether denial of natural justice where adjudicator decided matter on basis not put by either party
  • 15th October 2014
    T Clarke (Scotland) Limited v MMAXX Underfloor Heating Limited [2014] CSIH 83
  • 13th October 2014
    MRCN Pty Ltd t/a Westforce Construction and ABB Australia Pty Ltd [2014] WASAT 135
    Payment dispute - Date upon which payment dispute arose - Balance of probabilities - Ongoing commercial discussions about an invoice do not constitute a payment dispute - Payment dispute must be clear and unequivocal.
  • 13th October 2014
    Alliance Contracting Pty Ltd and Tenix SDR Pty Ltd [2014] WASAT 136
    Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether s 4(3)(c) applies - Whether earthworks and associated works forming part of construction of a wastewater treatment plant are works constructing the plant - Whether wastewater treatment plant constructed for purpose of extracting or processing mineral bearing or other substance - Whether claim by principal for liquidated damages from contractor for failure to complete practical completion by due date is a payment claim - Whether dispute regarding principal having recourse to security provided by contractor is a payment dispute - Meaning of the words 'whether any party to the payment dispute is liable to make a payment, or to return any security' in s 31(2)(b).
  • 10th October 2014
    Peterborough City Council v Enterprise Managed Services Ltd Enterprise Managed Services Ltd [2014] EWHC 3193 (TCC)
  • 2nd October 2014
    Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2014] QSC 271
    Where an adjudication decision was made by the second respondent under the Building and Construction Industry Payments Act 2004 (Qld) in favour of the first respondent and against the applicant – where the applicant has brought proceedings challenging the validity of the adjudication decision – where the applicant seeks an interlocutory injunction restraining the first respondent from taking steps to enforce the adjudication decision pending the determination of the principal proceedings – where the applicant was prepared to pay moneys into court pending the determination of the principal proceedings – where the applicant submits that if the injunction were not granted there is a risk that it would not be repaid if ultimately successful in the principal proceedings – whether an injunction should be granted.
  • 30th September 2014
    Re Scott Johnson ex parte Decmil Australia Pty Ltd [2014] WASC 348
    Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) involved jurisdictional error - Jurisdictional facts - Turns on own facts - Building and construction - Security of payments legislation - Time at which payment dispute arose - Whether jurisdictional error by the adjudicator
  • 23rd September 2014
    Hurley Palmer Flatt v Barclays Bank Plc [2014] EWHC 3042 (TCC)
    This Part 8 claim raises an issue of the extent to which the rights of a third party enforceable under the Contracts (Rights of Third Parties) Act 1999 (“the 1999 Act”) can be determined by adjudication under an express term contained within the agreement between the original contracting parties.  The issue requires consideration of the relevant agreement, the 1999 Act and the nature of adjudication proceedings
  • 22nd September 2014
    Civil Mining & Construction Pty Ltd v Isaac Regional Council [2014] QSC 231
    Where the applicant and respondent entered into a contract for the construction of road works – where there was an extensive history of disputes as to payments owed under the contract - where the parties invoked the dispute resolution provisions under the contract, including mediation and arbitration – where the applicant made a payment claim under the Building and Construction Industry Payments Act (Qld) 2004 (the Act) – whether the applicant can pursue its statutory remedies under the Act concurrently with arbitration proceedings – whether the claim is an abuse of process.
  • 17th September 2014
    Wqube Port of Dampier v Philip Loots of Kahlia Nominees Ltd [2014] WASC 331
    Prerogative relief - Judicial review - Adjudication under Construction Contracts Act 2004 (WA) - Nature of adjudicator's power - Inferior court or administrative tribunal - Bona fide attempt to exercise jurisdiction - Jurisdictional facts - Narrow or broad sense - Whether misapprehension or disregard of nature and limits of functions.