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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  • 4th November 2005
    Errol Investments Pty Ltd v Taylor Projects Group Pty Ltd [2005] NSWSC 1125
    BUILDING, ENGINEERING AND RELATED CONTRACTS - adjudication under s22 of the Building and Constructions Industry Security of Payment Act 1999 - challenge to adjudicator's decision on grounds of denial of natural justice - whether inference should be drawn of failure to consider relevant material  ACTS CITED: Building and Construction Industry Security of Payment Act 1999 s22(2)
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  • 3rd November 2005
    Lanskey v Noxequin [2005] NSWSC 963
    Building and Construction. Determination under the Building & Construction Industry Security of Payment Act 1999. Failure of Adjudicator to consider submissions of plaintiff. Adjudication determining part of the matter on a basis not presented by the parties for determination. Adjudicator's failure to engage in a bona fide exercise of power and to accord the parties natural justice. Determination declared void.
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  • 31st October 2005
    Hackwood Ltd v Areen Design Services Ltd [2005] EWHC 2322 (TCC)
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  • 14th October 2005
    Energy Australia v Downer Construction (Australia) P/L [2005] NSWSC 1042
    BUILDING AND CONSTRUCTION - progress payments - Building and Construction Industry Security of Payment Act - claim for interlocutory injunction pending hearing of claim for declarations that purported adjudication void and of no effect - serious question to be tried - plaintiff's ability to seek setting aside of any judgment obtained under the Act not prejudiced - balance of convenience favours defendant - interlocutory injunction refused ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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  • 12th October 2005
    J J Mcdonald & Sons Engineering Pty Ltd v RICS Dispute Resolution Sevice Qld & Anor [2005] QSC 305
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  • 10th October 2005
    FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340
    CONTRACT - interpretation of building and construction contract AS4300-1995 - whether statutory declaration produced by builder in support of progress claim was false - effect of falsity of statutory declaration - whether power of superintendent to certify progress claim extends beyond termination of contract – whether builder had accrued right to progress payment – whether termination was lawful - whether show cause notice adequate - whether there was a substantial breach - COSTS - personal costs order against company director and shareholder under s148B of the District Court Act 1973 (NSW) - factors relevant to discretion to make costs order against a non-party
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  • 4th October 2005
    Marine & Civil Bauer Joint Venture v Leighton Kumagai Joint Venture [2005] WASAT 269
    Application for review of decision by adjudicator declining jurisdiction ­ Whether a constructions contract as defined ­ Whether if condition precedent to claim not fulfilled the claim is a payment claim as defined Legislation: Construction Contracts Act 2004 (WA), s 6, s 7, s 25, s 26, s 27, s 27(2), s 30, s 31(2), s 31(2)(a), s 31(2)(b), s 31(3), s 32(1), s 45, s 46, s 46(1), s 46(2), Sch 1 Div 5 s 7  - Interpretation Act 1984 (WA), s 18, s 19, s 19(1)(b)(I) -  State Administrative Tribunal Act 2004 (WA), s 5, s 27, s 27(1), s 29(1), s 29(3), s 31, s 31(2)(b), s 37, s 47(2), s 61, s 61(1), s 61(4)(g), s 62, s 62(3), s 87
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  • 29th September 2005
    City & General (Holborn) Ltd v AYH Plc [2005] EWHC 2494
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  • 16th September 2005
    Barclay Mowlem Construction Ltd v Tesrol Walsh Bay P/L [2005] NSWSC 944
    PROCEDURE - subpoenas - power of court to issue a subpoena in aid of enforcement of a judgment - PROCEDURE - costs - costs of motion which settles ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Supreme Court Rules 1970 - Uniform Civil Procedure Rules 2005
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  • 13th September 2005
    Air Dynamics Control & Services Contracting P/L v Durham [2005] NSWSC 861
    Validity of adjudication - denial of natural justice - statutory non-compliance - setting aside of satisfied judgment - exhaustion of statutory process - utility of granting relief. ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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