Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
previous12...77787980818283...150151next
  • 28th February 2008
    David Hurst Constructions P/L v Helen Durham [2008] NSWSC 318
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether adjudicator considered material in breach of s20(2B) of the Act – whether adjudicator failed to comply with s22(2) of the Act – whether adjudicator misunderstood terms of contract, or their application – whether any such error invalidates determination – denial of procedural fairness – whether s21(4) of the Act imposes mandatory requirement on adjudicators if they are unable to make a determination on evidence before them – no evidentiary onus or presumption imposed by the Act. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
    Click here to read more
  • 27th February 2008
    Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator’s decision simultaneously addresses two or more issues, one of which has been arrived at within jurisdiction and the rules of natural justice, and one or more of which has been arrived at outside jurisdiction and/or the rules of natural justice, the court will in certain circumstances allow the decision to be severed to allow a part of it to be enforced. Technology and Construction Court, Akenhead J Background The defendant (“Urvasco”) engaged the claimant (“Cantillon”) to carry out demolition, piling and other works pursuant to a JCT Standard Form of Contract Private Without Quantities 1998 edition.  Disputes arose between the parties concerning Cantillon’s claimed entitlement to an...
    Click here to read more
  • 22nd February 2008
    Silent Vector Pty Ltd t/as Sizer Builders v Squarcini [2008] WASAT 39
    Application for review of decision by adjudicator dismissing application without determination on the merits - Whether application could not be fairly determined because of complexity - Whether application not made within prescribed time - Adequacy of reasons for decision Legislation: Construction Contracts Act 2004 (WA), s 6, s 25, s 26, s 30, s 31, s 32(2), s 34, s 36, s 37, s 46 - Interpretation Act 1984 (WA), s 18, s 19 - State Administrative Tribunal Act 2004 (WA), s 5, s 27, s 29, s 87
    Click here to read more
  • 21st February 2008
    Altys Multi-Services Pty Ltd v Grandview Modular Building Systems Pty Ltd [2008] QSC 26
    JUDICIAL REVIEW OF ADJUDICATION UNDER BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004; DISADVANTAGES IN REVIEW PROCEDURE; PREFERABILITY OF CURIAL LITIGATION Building and Construction Industry Payments Act 2004, ss 10, 17, 18, 100 - Queensland Building Services Authority Act 1991, s. 42 - Judicial Review Act 1991, ss 10, 13 - Intero Hospitality Projects Pty Ltd v Empire Interior Pty Ltd [2007) QSC 220 - Roadtek, Department of Main Roads v Davenport & Ors [2006] QSC 47 - Shell Refining (Australia) Pty Ltd v AJ Mayr Engineering [2006] NSWSC 94 at para [27] - Lucas Stuart Pty Ltd v Council of the City of Sydney [2005] NSWSC 840 at para [13]. - Brodyn Pty Ltd v Davenport [2003] NSWSC 1019 - Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333
    Click here to read more
  • 20th February 2008
    Parker Construction Management (NZ) (In Liquidation) v Horizon Investments HC WN CIV 2007-485-1963 [2008] NZHC 161
    Click here to read more
  • 20th February 2008
    Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12
    Click here to read more
  • 19th February 2008
    Moroney & Anor and Murray River North Pty Ltd [2008] WASAT 36
    Construction contracts - Jurisdiction - Adjudicator has not made a determination if a matter falls within its jurisdiction or if he has made a determination the reasons for his decision are not clear - Inviting adjudicator to clarify the determination and provide reasons for same - Procedures an adjudicator may utilise to obtain sufficient information to make a determination - complexity of a matter  Legislation:Construction Contracts Act 2004 (WA), s 7, s 30, s 31, s 32(1), s 32(2), s 46 - Industrial Relations Act 1979 (WA) - State Administrative Tribunal Act 2004 (WA), s 18(1), s 27, s 29
    Click here to read more
  • 18th February 2008
    Katherine Pty Ltd v The CCD Group Pty Ltd [2008] NSWSC 131
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – judgment founded on adjudication certificate – restraint of enforcement of determination or judgment where unconscionability – Trade Practices Act 1974 (Cth), s51AA and s51AC. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Income Tax Assessment Act 1997 - Trade Practices Act 1974
    Click here to read more
  • 15th February 2008
    Laywood & Anor v Holmes Construction Wellington Limited HC AK CIV 2006-404-4152 [2008] NZHC 128
    Click here to read more
  • 13th February 2008
    Lifese Pty Limited v Adelaide Brighton Cement Limited [2008] NSWDC 38
    Contracts - Building Contract - Builder's claim for unpaid money - Effect of subsequent adjudication - LEGISLATION CITED: Building and Construction Industry Security Payment Act 1999 -Civil Procedure Act 2005
    Click here to read more
previous12...77787980818283...150151next