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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
14th May 2007Bothma (t/a DAB Builders) v Mayhaven Healthcare Ltd [2007] EWCA Civ 527This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court of Appeal recently refused permission to appeal against a judgment that rendered an adjudicator’s decision invalid because he lacked jurisdiction. Briefly:The Contractor had, in its adjudication notice, sought to refer four disputes in the same reference. The Scheme for Construction Contracts applied and (like many other rules) only allows one dispute to be referred at a time, unless the parties agree otherwise.The Court held that the disputes were independent and unrelated. Without the Employer’s consent, the adjudicator had no jurisdiction to determine more than one dispute.While the Employer did not consent, it did not expressly complain either. Instead it generally reserved its right to take any further points as to the adjudicator’s...
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14th May 2007Veolia Water Solutions v Kruger Engineering [No 3] [2007] NSWSC 459CONTRACT - building and construction - where defendant has recovered adjudication determination and judgment against plaintiff - where defendant subject to deed of company arrangement - where plaintiff asserts cross-claim for liquidated damages and defective and incomplete works - plaintiff seeks permanent stay and return of security given by it - whether Building and Construction Industry Security of Payment Act 1999 ceases to apply when contractor or subcontractor becomes insolvent - impact of external administration - where conflict exists between s 25(4) of the Act and ss 553, 553C of the Corporations Act - whether refusal of stay will cause irreparable prejudice LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 - The Australian Constitution
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11th May 2007General Homes v Jonathon B & Leanne A Caelli trading as JC Electrical [2007] NSWSC 463[ORDERS] - Whether "strike out" order "determined" the proceedings - whether order made after specified date in Deed of Company Arrangement precludes creditor from obtaining leave to enforce order against company in administration.LEGISLATION CITED: Building and Construction Industry (Security of Payments) Act 1999 (NSW) - Corporations Act 2001 (Cth)
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4th May 2007Domsalla (t/a Domsalla Building Services) v Dyason [2007] EWHC 1174 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The withholding provisions in the JCT Minor Works (1998 Ed.) were held to be unfair towards a residential occupier (i.e. a consumer) and in breach of EU consumer laws. In addition, HHJ Thornton QC thought that the court had the power to intervene and overturn an adjudicator’s decision if the adjudicator got the facts or law wrong, provided the adjudicator’s jurisdiction arose under a contract to which the HGCRA did not apply. HH Judge Thornton QC - Queen's Bench Division, Technology and Construction Court BackgroundMr Dyason’s home was destroyed by fire. His insurers accepted liability under the insurance policy and appointed a contract administrator and loss adjustor to manage the reinstatement of the house. ...
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27th April 2007Fernandes Constructions v Tahmoor Coal (t/as Centennial Coal) [2007] NSWSC 381CONSTRUCTION CONTRACT - Building and Construction Industry Security of Payment Act 1999 - payment claim - where tax invoice states that it "is prepared under" the Act - whether tax invoice complies with s 13(2)(c) LEGISLATION CITED: A New Tax System (Good and Services) Act 1999 - Building and Construction Industry Security of Payment Act 1999
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27th April 2007Insite Design & Development Limited v John Sadler HC AK CIV2006-404-4528 [2007] NZHC 388
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27th April 2007Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd [2007] EWCA Civ 443
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25th April 2007Melville Dundas Ltd v George Wimpey UK Ltd (Scotland) [2007] UKHL 18This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A provision in the 1998 JCT Building Contract providing that, once a “final date for payment” of a sum had passed, the sum could retrospectively cease to be due for payment has come under scrutiny by the House of Lords. A bare majority reached the conclusion that the provision did not contravene the HGCRA. In addition, the absence of a withholding notice under s.111 did not prevent the employer from withholding payment.Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Mance and Lord Neuberger of Abbotsbury - House of Lords BackgroundGeorge Wimpey Ltd (“Wimpey”) contracted with Melville Dundas Ltd (“the contractor”) for the construction of a housing development in Glasgow. ...
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23rd April 2007Abel Point Marina (Whitsundays) Pty Ltd v O'Brien and Sea-Slip Marinas (Aust) Pty Ltd [2007] QSC 146
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19th April 2007Abel Point Marina (Whitsundays) Pty Ltd v O'Brien & Anor [2007] QSC 91ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – application for judicial review of decision of adjudicator made under Building and Construction Industry Payments Act 2004 (Qld) – where contractor’s claim for costs of delay or disruption allowed by adjudicator – where claim made under clause of the building contract – where liability of principal for delay or disruption costs necessarily incurred by contractor by reason of the delay was expressed in the relevant clause as dependent on the grant of an extension of time for delay or disruption caused by the principal, the superintendent, or those under the control of the principal or the superintendent – where adjudicator construed the relevant clause in such a way that did not require a determination of what extensions of time for the principal’s delay should...