Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 28th August 2006
    Bitannia P/L v Parkline Construction P/L [2006] NSWCA 238
    BUILDING AND CONSTRUCTION – progress payments - Building and Construction Industry Security of Payment Act 1999 (NSW) s 13 & 15 – whether bona fide belief in entitlements claimed required for valid payment claim PRACTICE AND PROCEDURE – whether a breach of s 52 of Trade Practices Act 1974 (Cth) can be relied on as a defence – whether Building Payment Act s 15(4)(b)(ii) precluded such defence CONSTITUTIONAL LAW – section 109 inconsistency – whether Building Payment Act s 15(4)(b) invalid to the extent that it prevents the raising of a cross claim in reliance on s 52 of the Trade Practices Act  LEGISLATION CITED: Bills of Exchange Act 1909-1912 (Cth), s43 - Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14, 15, 25, 32, 34 - Constitution, ss 76(ii) and 77(iii), 109 - Corporations Act 2001 (Cth), ss 5E-5G -...
  • 23rd August 2006
    Management Solutions Ltd v Bennett (Electrical) Services Ltd [2006] EWHC 1720_2 (TCC)
  • 14th August 2006
    John Goss Projects v Leighton Contractors [2006] NSWSC 798
    BUILDING AND CONSTRUCTION - whether one adjudicator valued construction work - whether subsequent adjudicator bound by s 22(4) of the Building and Construction Industry Security of Payment Act 1999 to value that work accordingly - where adjudicator decided that obiter dicta in Supreme Court judgment were incorrect - where this issue not advanced by either party - where no notice to parties - whether material to adjudicator's determination - whether parties denied natural justice - whether adjudicator lacked good faith - application of Brodyn v Davenport [2004] NSWSC 394 - whether bringing the same claim in consecutive adjudications is abuse of process - where party likely to raise in future adjudication issue of notice precondition on the bringing of claims - whether declaration has utility - whether clause conflicts with s 13(4) of the Act - whether clause void by operation of s 34 of the...
  • 4th August 2006
    Biseja v NSI Group [2006] NSWSC 835
    BUILDING AND CONSTRUCTION - where adjudicator found that project management services were "related goods or services" under the Building and Construction Industry Security of Payment Act 1999 - where project management fee might be discharged by transfer in specie of real estate - whether s 7(2)(c) of Act applicable - whether consideration was to be calculated by the value of services - whether open to adjudicator to reach factual conclusion - whether reviewable error - application of Brodyn v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421  ACTS CITED: Building and Construction Industry Security of Payment Act 1999
  • 31st July 2006
    Ale Heavylift v MSD (Darlington) Ltd [2006] EWHC 2080 (TCC)
  • 31st July 2006
    Redworth Construction Ltd v Brookdale Healthcare Ltd [2006] EWHC 1994 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The statutory provisions relating to adjudication only apply to contracts in writing.  This case constitutes a cautionary tale to parties to construction contracts who proceed on an informal footing.  In this case, an order made by an adjudicator for repayment of damages for delayed completion was not enforced because the court found that the contract was not wholly in writing and therefore the adjudication framework instituted by the HGCRA did not apply.This case also highlights the importance of choosing carefully which submissions and which documents to refer to the adjudicator.  Redworth was precluded from relying on certain documentation to argue its case before the court because it had not provided that documentation to the adjudicator...
  • 28th July 2006
    Bell v Pearce (Home Building) [2006] NSWCTTT 407
      ISSUES Costs – parties each have some success – Calderbank letters – reasonableness of rejection – inability to settle LEGISLATION:  Consumer, Trader and Tenancy Tribunal Act 2001
  • 26th July 2006
    Freemont Design & Construction Ltd v Natures View Joinery t/a Nebulite Walkato HC HAM CIV 2006-419-269 [2006] NZHC 866
  • 17th July 2006
    Monavon Construction Ltd v Davenport No. 2 [2006] EWHC 1810 (TCC)
  • 17th July 2006
    Bower v Goth [2006] NSWSC 805
    Appeal - Local Court Small Claims Division - outstanding architect's fees ACTS CITED: Local Courts Act 1982 (NSW) - ss 70, 73 - Uniform Civil Procedure Rules 2005 - Part 50.5