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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-
29th April 2005Alan Conolly & Co v Commercial Indemnity [2005] NSWSC 339Contract - Statutory Construction. -Whether three invoices served in the same facsimile can constitute one payment claim under the Building and Construction Industry Security for Payment Act 1999. -Held that this did constitute one payment.ACTS CITED: Building and Construction Industry Security of Payment Act
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26th April 2005Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWHC 778This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Honourable Mr Justice Jackson, Technology and Construction Court 26 April 2005 An adjudicator's refusal to consider evidence that he sees (even if erroneously) as irrelevant is inherent in the adjudication system and will not render the decision unenforceable. 2. Only in exceptional circumstances will an adjudicator's failure to put his provisional conclusions to the parties constitute such a serious breach of the principles of natural justice that the Court will refuse to enforce the decision. 3. A brief statement of reasons revealing that the adjudicator has dealt with the issues before him and what his conclusions are will suffice in the event that an adjudicator is asked to give reasons. 4. Paragraph 20(c) of the Scheme creates a free-standing...
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23rd April 2005Brown (L) & Sons Ltd v Crosby Homes (North West) Ltd [2008] EWHC 817 (TCC)
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22nd April 2005Air Dynamics Control & Services Contracting v Durham [2005] NSWSC 366Building and Construction Industry Security of Payment Act
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22nd April 2005Lifestyle Retirement Projects No 2 P/L v Parisi Homes P/L [2005] NSWSC 411BUILDING AND CONSTRUCTION - ADJUDICATION - INJUNCTION - Plaintiff alleges facts which, if proved, would result in invalidity of adjudication under Building and Construction Industry Security of Payment Act 1999 - Plaintiff seeks interlocutory injunction restraining any further step in adjudication process until final hearing of question of validity.ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - s.13(4), s.14(4), s.17(1), s.25(1)
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20th April 2005Meyer v Brian Burston Building Design Consultant (General) [2005] NSWCTTT 235LEGISLATION: Consumer, Trader and Tenancy Tribunal Act 2001, Consumer Claims Act 1998, - Building and Construction Industry Security of Payment Act 1999.
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14th April 2005Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd [2005] NSWSC 362Building & construction industry - Building and Constructions Industry Security of Payment Act - adjudication application - where plaintiff sought to restrain appointment of adjudicator - where plaintiff sought to restrain defendant from proceeding with adjudication application - whether adjudicator able to determine whether payment claims in adjudication application can be awarded - discretionary considerations.ACTS CITED: - Building and Construction Industry Security of Payment Act 1999
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14th April 2005Pacific General Securities Ltd v Soliman & Sons P/L [2005] NSWSC 378Building and construction - Building and Construction Industry Security of Payment Act 1999 - Where injunction sought to restrain enforcement of adjudication determination - Adjudication application - Whether failure to comply with basic and essential requirement of the Act - Whether denial of natural justice - Whether notice of acceptance of application served on plaintiffs - Where service is taken to be effective upon receipt - Whether notice of application received by plaintiffs - Where unchallenged evidence of system and non receipt - No question of principle.
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13th April 2005Co-ordinated Construction Co P/L v Climatech (Canberra) P/L [2005] NSWSC 312[STATUTORY CONSTRUCTION] - [CONSTRUCTION CONTRACT] - Application for permanent injunction to restrain the obtaining of a certificate under the Building and Construction Industry Security for Payment Act 1999 (NSW) - Whether the claims under the contract as a result of the awarding of extensions of time were "variation" claims under the contract - Whether claims for delay damages consequent upon extensions of time are able to be claimed in a payment claim under the Act and awarded in a determination under the Act.ACTS CITED: - Building and Construction Industry Security of Payment Act 1999 (NSW) - Supreme Court Act 1970 (NSW)
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12th April 2005George Developments Limited v Canam Construction Limited [2005] NZCA 84