Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 13th July 2006
    Medlock Products Ltd v SCC Construction Ltd 212OF2006
  • 10th July 2006
    Multipower v S & H Electrics [2006] NSWSC 757
    BUILDING AND CONSTRUCTION - whether adjudicator addressed wrong question, failed to consider relevant material or considered irrelevant material - whether adjudication application made outside time limit prescribed by s 17(3) Building and Construction Industry Security of Payment Act 1999 - whether time limit is "basic and essential" requirement - whether failure to comply with limit vitiates determination - application of Brodyn v Davenport [2004] NSWCA 394 COSTS - whether costs follow event - no question of principle ACTS CITED: Building and Construction Industry Security of Payment Act 1999
  • 10th July 2006
    Management Solutions v Bennett (Electrical) Services Ltd [2006] EWHC 1720 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The adjudication provisions of HGCRA 1996 only apply to written construction contracts or construction contracts sufficiently evidenced in writing.  This case examines the meaning of “contracts made in writing”.  Variations ordered orally under a contract by virtue of an express contractual term allowing the ordering of such variations do not make the contract a partially oral contract.  Furthermore, where a construction contract appears to be in writing, the adjudicator will have jurisdiction to decide any dispute as to whether the contractual relationship between the parties is governed by those written terms or a preceding oral agreement.  In any event, on a contractual analysis, the subsequent written terms had superseded...
  • 7th July 2006
    Harlow & Milner Ltd v Teasdale No3 [2006] EWHC 1708 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes This case illustrates the clear but sometimes harsh consequences of the system of construction adjudication in the context of a private property owner defaulting on interim payments due to a contractor.  Following non-compliance by the property owner with various court orders enforcing the original adjudication order to pay the monies owed to the contractor, the court ordered the sale of the investment properties concerned to satisfy the judgment sum.Judge Peter Coulson QC – Queen’s Bench Division, Technology and Construction Court The Defendant had bought three properties as an investment.  The properties were affected by asbestos contamination.  The Defendant intended to refurbish them with the help of a grant from Leeds...
  • 3rd July 2006
    RTA v John Holland [2006] NSWSC 567
    BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submissions made for first time in Adjudication Response rejected pursuant to s 22(2)(d) — Whether that failure to consider Adjudicator rendered decision void — Whether submissions as to jurisdiction of Adjudicator under the Act must be considered pursuant to s 22(2)(a) and (b) — Whether failure to consider submission vitiating error in sense explained in Brodyn Pty Ltd v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421. BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submission that Adjudicator had no jurisdiction under Act to hear payment claim for extension of time — Submission that Adjudicator not entitled to stand in shoes of superintendent...
  • 3rd July 2006
    Dustin v Weathertight Homes Resolution Service HC AK CIV-2006-404-276 [2006] NZHC 759
  • 23rd June 2006
    Age Old Builders Pty Ltd v John Arvanitis and George Arvanitis [2006] VCC 1827
    Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, sections 4, 9, 11 and 16 - Nepean Engineering Pty Ltd v. Total Process Services Pty Ltd [2005] NSWCA 409 - Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1
  • 23rd June 2006
    Henderickus Ruthergus Johonus Vanbeelen t/a H&K Concreting and Construction v Blackbird Energy Pty Ltd [2006] QDC 285
    BUILDING CONTRACTS – REMUNERATION - PROGRESS CLAIM – Building and Construction Industry Payments Act 2004 ss 17,18, 80 and 100 - Whether posting to a post office box was a posting to a place of business.
  • 22nd June 2006
    Rojo Building v Jillcris [2006] NSWSC 649
    ESTOPPEL - where Court on hearing (including of application for summary judgment) found pleaded cause of action unsustainable, gave reasons and made orders - where plaintiff has not sought to amend summons to allege alternative cause of action - whether parties estopped from contending to the contrary of orders made - whether matter should be reopened pursuant to UCPR 36.16(1) or inherent power of Court
  • 21st June 2006
    Acclaim Building Management PL v Loewenthal [2006] NSWDC 29
    LEGISLATION CITED:       Building and Construction Industry Security of Payment Act 1999 - Civil Procedure Act 2005 - Home Building Act 1989