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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  • 1st March 2007
    JBK Engineering P/L v Brick & Block Co P/L [2007] NSWSC 163
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  • 28th February 2007
    Halkat Electrical Contractors Pty Ltd v Holmwood Holdings Pty Ltd [2007] NSWCA 32
    CONTRACTS — Building, engineering and related contracts — Other Matters — Building and Construction Industry Security of Payment Act 1999 s 22 —Adjudication — Determination based on matters wholly unrelated to the matters in s 22 — Essential precondition to the existence of a valid determination not metLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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  • 28th February 2007
    Uszok v Henley Properties (NSW) Pty Limited [2007] NSWCA 31
    CONTRACT – building contract – implication of term by custom or usage - whether custom or usage so well-known to home owners to imply term into contract – whether implication contrary to express terms of contract - REASONS FOR DECISION  – whether trial judge gave adequate reasons for decision – whether trial judge failed to properly engage in fact-finding exercise – determination of expert evidence - DAMAGES – damages for breach of building contract – whether damage proved – rejection of evidence - difficulties in estimating loss – damages should not be nominal - UNREPRESENTED LITIGANT – duty of a trial judge - whether trial judge ensured unrepresented party understood procedural options – failure to provide explanation of processes - APPEAL – order for new trial - whether trial sufficiently unfair to demonstrate...
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  • 27th February 2007
    Honeywell Control Systems Ltd. v Multiplex Constructions (UK) Ltd. [2007] EWHC 390 (TCC)
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  • 27th February 2007
    Independent Civil Contractors P/L v JGE Earthmoving P/L [2007] NSWSC 132
    CORPORATIONS - winding up - creditors voluntary winding up - application for leave to proceed with cross-claim against company in Local Court proceedings - where company was plaintiff in those proceedings but assigned cause of action after commencement of winding up - assignee substituted as plaintiff in Local Court - whether set-off pursuant to s.553C had occurred - because it had not, no need for applicant's claim to be pursued in existing proceedings LEGISLATION CITED: Bankruptcy Act 1966 (Cth), s.86 Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth), Part 5.3A, ss.471B, 500(2), 553(1), 553C
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  • 26th February 2007
    John Holland P/L v Roads & Traffic Authority of New South Wales [2007] NSWCA 19
    BUILDING AND ENGINEERING CONTRACTS - Progress payments - Claim under Building and Construction Security of Payment Act 1999 - Adjudication - Whether submissions of respondent "duly made" - Whether adjudicator was required to consider them - Whether determination of adjudicator invalid because of failure to comply with s.22 of the Act, lack of good faith or denial of natural justice.LEGISLATION CITED:  Building and Construction Industry Security of Payment Act 1999 ss.8-10, 13, 14, 17, 20-22
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  • 26th February 2007
    Impulse Electrical (Aust) Pty Ltd v Mother Natures Chermside Pty Ltd [2007] QDC 23
    Building and Construction Payments – Progress Claims – Payment Schedule – Reference Date Building and Construction Industry Payments Act 2004 (Qld), ss 7, 8, 12, 17 and Schedule 2. Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8(b), 13 - Brodyn Pty Limited v Davenport [2004] NSWCA 394 - Brookhollow Pty Ltd v R & R Consultants Pty Ltd and Anor. (No 2) [2006] NSWSC 200 - Cant Contracting Pty Ltd v Casella [2006] QCA 538 - Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232 - F.K.Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243 -Nepean Engineering Pty Ltd v Total Process Services (in liq) [2005] NSWCA 409 - Walter Construction Group Ltd v CPL (Surrey Hills) Pty Ltd [2003] NSWSC 266
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  • 14th February 2007
    Baulderstone Hornibrook P/L v Queensland Investment Corp [2007] NSWCA 9
    CONTRACTS — Building, engineering and related contracts - Payment schedules under s 14 of the Building and Construction Industry Security of Payment Act 1999 — Whether a payment schedule is properly provided if it is not referred to in a cover letter — Whether a payment schedule prepared and signed by an agent without express authority can be said to have been provided by the principalCONTRACTS — particular parties — principal and agent — authority of agents — construction and extent of authority — authority created by other means — acts incidental to effective execution of express authorityLEGISLATION CITED:  Building and Construction Industry Security of Payment Act 1999
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  • 13th February 2007
    Gemini Nominees Pty Ltd v Queensland Property Partners Ltd ATF The Keith Batt Family Trust [2007] QSC 20
    BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION –STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where builder and owner entered into a written cost plus contract for renovation works to house property – where payment claim served by builder under Building and Construction Industry Payments Act 2004 (Qld) – where owner did not serve payment schedule – where no fair and reasonable estimate of total amount builder was likely to receive under the contract was given to owner pursuant to s 55 Domestic Building Contracts Act 2000 (Qld) – whether contract that is unenforceable under s 55(3) Domestic Building Contracts Act 2000 (Qld) is a contract to which Building and Construction Industry Payments Act 2004 (Qld) applies
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  • 9th February 2007
    Metalcraft Industries Ltd v Christie HC WHA CIV-2006-488-645 [2007] NZHC 52
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