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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-
26th March 2007Clarence Street v ISIS Projects No1 [2007] NSWSC 380COSTS - security for costs - whether security given earlier without prejudice to defendant's entitlement to seek further security - whether delay a bar to further securityLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999.
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26th March 2007Rohde v Markham-David (No 2) [2007] EWHC 1408 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes It is incumbent on the adjudicator to ensure that the relevant documentation has been validly served and brought to the attention of the responding party. Failure to do so may lead to an unenforceable adjudication decision on the grounds that the adjudication is deemed not to have been validly started and/or conducted with minimum standards of fairness and natural justice.His Honour Judge Thornton QC – Queen’s Bench Division, Technology and Construction Court This judgment relates to the trial of a claim that was previously the subject of an application for summary judgment. Please click here to read our Adjudication Zone case summary of that summary judgment (which sets out the facts to the case).The principal issue was...
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23rd March 2007Rojo Building P/L v Jillcris P/L [2007] NSWCA 68PROCEDURE - Interlocutory decisions - Whether such as to give rise to estoppels - No order for determination of separate question - No order showing that separate question had been finally determined.
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20th March 2007Claymore Services Ltd v Nautilus Properties Ltd [2007] EWHC 805 (TCC)
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19th March 2007Downer Construction (Australia) P/L v Energy Australia [2007] NSWCA 49CONTRACTS — Building, engineering and related contracts — Remuneration —Building and Construction Industry Security of Payment Act 1999 s 17 — Applications for Adjudication of Payment Claims — Whether identifying the payment claim and payment schedule to which an Appliation for Adjudication relates is sufficient where the claim addressed in the accompanying submissions is different in substance to the payment claim so identified.CONTRACTS — Building, engineering and related contracts — The contract — Construction — Latent ConditionsCONTRACTS — Building, engineering and related contracts — Remuneration —Building and Construction Industry Security of Payment Act 1999 s 17 —Adjudication of Payment Claims — Determination of parameters of adjudication — Whether a reasonable but erroneous decision by the adjudicator...
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15th March 2007R C Pillar & Son v The Camber [2007] EWHC 1626 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where a responding party participates in an adjudication having reserved its right to challenge the appointment of the adjudicator on jurisdictional grounds, it may lose that right if it advances counter-claims of its own in the adjudication.His Honour Judge Thornton QC – Queen’s Bench Division, Technology and Construction Court Pillar, a building contractor, sought to enforce an adjudicator’s decision in its favour against Camber, the party for whom the work from which the dispute arose was carried out. From the outset of the adjudication, Camber had challenged the jurisdiction of the adjudicator, stating in its response document that it would only take part in the adjudication on the basis that such action would not prejudice...
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14th March 2007Flannery Construction Ltd v M Holleran (2007) Ltd [2007] EWHC 825 (TCC)
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12th March 2007Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd No 3 [2007] EWHC 659 (TCC)
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6th March 2007Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No2) [2007] EWHC 447 (TCC)
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2nd March 2007Blackbird Energy Pty Ltd v Vanbeelen [2007] QCA 60CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where the respondent obtained interim judgment in the District Court under the Building and Construction Industry Payments Act 2004 (Qld) – where issues between parties subsequently resolved in a common law proceeding – where interim decision subject to appeal permanently stayed – whether appeal should proceed where issues on appeal purely hypothetical – whether appeal should proceed in relation to costs of interim judgment only Building and Construction Industry Payments Act 2004 (Qld), s 19, s 100