Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 21st December 2004
    Balfour Beatty Construction v Serco Ltd [2004] EWHC 3336 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Mr Justice Jackson, Technology and Construction Court 21 December 2004 In considering the question of whether an employer is entitled to set off liquidated damages against monies payable to a contractor under an adjudicator's award, the court must consider the adjudicator's decision:  where it followed from an adjudicator's decision that the employer is entitled to recover a specified sum of money by way of LADs, then the employer could set that off against the sums payable to the contractor as a result of the adjudicator's decision; however, where the entitlement to LADs has not been determined, either expressly or impliedly by the adjudicator, then the question of the employer's entitlement to set off depends upon the terms of the contract...
  • 20th December 2004
    McLaughlins Family Restaurant v Cordukes Ltd [2004] NSWCA 447
    Stay of execution of judgment pending an appeal - payment claim under Building and Construction Industry Security of Payment Act 1999 - no payment schedule - judgment obtained in District Court - appeal on ground payment claim served out of time because remedial work was not construction work to which the payment claim related - difficult argument on appeal - no evidence payment of judgment sum would cause, hardship or be irrecoverable – other proceedings to be brought by judgment debtor for breach of contract - policy of Act favoured reluctance to grant stay in these circumstances - stay refused. CASES CITED :                            Herscho v Expile Pty Ltd [2004] NSWCA 468
  • 16th December 2004
    ADH Plant Hire Pty Ltd v Construct Co Pty Ltd [2004] VCC 53
    Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, S.9, S.14 and S.16
  • 13th December 2004
    Herscho v Expile P/L [2004] NSWCA 468
    PROCEDURE - Appeal - Stay of judgment - Judgment under Building & Construction Industry Security of Payment Act - Need for more than real risk of prejudice
  • 10th December 2004
    Greenaways Australia P/L v CBC Management P/L [2004] NSWSC 1186
    CORPORATIONS - winding up - application for order setting aside statutory demand - whether genuine offsetting claim - interaction between statutory demand procedure and legislative progress payments procedures - whether order setting aside statutory demand should be subject to condition ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 (Cth), ss.440D, 459G, 459H(5), 500(2)
  • 9th December 2004
    Barclay Mowlem v Tesrol Walsh Bay [2004] NSWSC 1232
    BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether letter in law sufficient to be payment schedule - s 14(2)(b), (3) - whether "nothing" an amount for purposes of s 14(2)(b) - whether letter "provided" within meaning of s 14(1) ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Trade Practices Act 1974 (Cth)  
  • 7th December 2004
    Collins v Baltic Quay [2004] EWCA Civ 1757
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where a party has wrongfully withheld monies under a construction contract by failing to issue a valid notice of withholding, and the parties have entered into an arbitration agreement, any application by the claimant to the court for payment of those monies will be stayed under s9(4) of the Arbitration Act 1996 (unless the arbitration agreement is null and void, inoperative, or incapable of being performed); there is nothing in s111 of the Housing Grants Construction and Regeneration Act that requires such claims to be dealt with by the court. Even if a withholding notice is not served, the claim for payment still constitutes a "dispute or difference" that needs to be determined. The question of whether a "dispute or difference" has arisen for the...
  • 6th December 2004
    Stratfield Saye Estate Trustees v AHL Construction Ltd [2004] EWHC 3286
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The court held that for a construction contract to be in writing and therefore comply with section 107 of the Construction Act, all the express terms of the contract had to be in writing. It is not sufficient for only the material terms of the contract to be in writing. However, not all of the express terms have to be contained within the same document. In this case, the contract and the scope of the works were said by the court to be sufficiently evidenced in writing by letters, drawings and minutes of a meeting. The Trustees of the Stratfield Saye Estate ("the Estate") engaged AHL Construction Ltd ("AHL") to carry out restoration works to a derelict property belonging to the Estate called Heckfield Wood House. Prior to commencement of the works,...
  • 3rd December 2004
    TQM v Dasein [2004] NSWSC 1216
    BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudication determination void - where dispute as to date adjudication application served and received - natural justice - whether plaintiff denied natural justice in adjudicator taking into account material withheld from plaintiff - whether relief should be denied as matter of discretion when adjudicator considers payment schedule - whether adjudicator thereby taken to have considered whole of party's caseACTS CITED: Building and Construction Industry Security of Payment Act 1999
  • 30th November 2004
    Coordinated Construction Co Pty Ltd v J.M. Hargreaves Pty Ltd [2004] NSWSC 1206
    BUILDING & CONSTRUCTION - INJUNCTION - PRACTICE AND PROCEDURE - Progress payments - Building & Construction Industry Security of Payment Act - ex parte application to restrain filing of adjudication certificate - application brought at last possible moment - discretion to refuse application and leave applicant to apply to set aside judgment - policy of Court to refuse last minute ex part applications. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - s.3, s.13(5), s.25(1).