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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-
19th February 2004Austruc v ACA; ACA v Sarlos [2004] NSWSC 131BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - progress claim - adjudication determination - slip rule - judgment entered under incorrect case number - whether slip rule applicable - meaning of "forms part of" in s 7(2)(a) of Act - whether contract formed part of loan agreement ADMINISTRATIVE LAW - order in the nature of certiorari - jurisdictional error of law - procedural fairness - whether adjudicator permitted to consider statutory declaration attached to adjudication application - meaning of "submissions" in ss 17(3) and 20(2) of Act - whether adjudicator required to give notice of intention to rely upon statutory declaration - whether adjudicator required to give respondent opportunity to respond to statutory declaration ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Building & Construction Industry...
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18th February 2004MPM Constructions v Trepcha Constructions [2004] NSWSC 103BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - progress payment - adjudication application - adjudication determination made out of time - whether adjudication determination made out of time invalid ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - The Housing Grants, Construction and Regeneration Act 1996
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6th February 2004Transgrid v Walter Construction Group [2004] NSWSC 21ADMINISTRATIVE LAW - construction contracts - determination of adjudicator under Building and Construction Industry Security of Payment Act 1999 - whether jurisdiction to review - whether jurisdictional error of law - whether Superintendent's certification binding on adjudicator - whether denial of natural justice ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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28th January 2004Citex Professional Services Ltd v Kenmore Dev. Ltd [2004] A1195/02
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23rd January 2004Highland Council, Re Petition for Suspension of a Charge [2004] ScotCS 16
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23rd January 2004BAL (1996) Ltd. v Taylor Woodrow Construction Ltd [2004] HT 03 337This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes His Honour Judge Wilcox, Technology and Construction Court In determining whether the procedure adopted by an adjudicator is consistent with the principles of natural justice, a court can have regard to the acquiescence to the procedure of the parties by omission or conduct. However, in order to maintain confidence in the adjudication system, acquiescence will only be relevant to the issue of a breach of natural justice if it is "clear, informed and unambiguous." 23 January 2004 The claim arose out of a project for remedial works to Nationwide Anglia Property Services Limited, Corporate Headquarters. The claimant ("BAL") and the defendant ("Taylor Woodrow"), respectively sub-contractor and contractor, entered into a sub-contract...
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16th January 2004IDE Contracting Ltd v RG Carter Cambridge Ltd [2004] EWHC 36This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes When referring a dispute to adjudication pursuant to Paragraph 2 of the Scheme the notice of adjudication has to come before the referring party can request the person named in the contract to act as adjudicator, unless he has already indicated to the parties that he is unwilling or unable to do so. If the named adjudicator indicates that he is unable to act then provided the indication is made to all parties, the referring party can proceed under Paragraph 6(1)(b) to request the nominating body to select a person to act as adjudicator. It was unnecessary for the defendant to show actual prejudice. Technology & Construction Court. HHJ Havery QC16 January 2004 A dispute arose between the parties in relation to certain construction works...
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24th December 2003Diamond (Gillies Ramsay) v PJW Enterprises Judicial [2003] ScotCS 354This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator is not a statutory decision maker and adjudication is not truly an aspect of public law. Although created and made compulsory by statute, adjudication is a contractual dispute resolution process. An intra vires error of law made by an adjudicator is therefore not open to judicial review. Court of Session (Scotland). Lord Gill, Lord Macfadyen and Lord Caplan 24 December 2003 A recent challenge to the adjudication process in Scotland has ended in failure. In this case the appeal court in Scotland upheld the decision of Lady Paton at first instance, which was noted in Adjudication Watch on 27th June 2002. The appeal court was asked to decide a further point, not raised at first instance, namely whether an...
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17th December 2003Costain Limited v Strathclyde Builders Limited [2003] ScotCS 316This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's failure to disclose the substance of legal advice given to him and to give the parties an opportunity to comment thereon amounted to a breach of the principles of natural justice. In such circumstances it does not matter that the adjudicator has treated both parties equally. It is sufficient to prevent enforcement of the decision by the Courts that the mere possibility of injustice is shown rather than actual injustice. Court of Session (Scotland). Lord Drummond-Young 17 December 2003 In this Scottish decision the question of natural justice in the context of adjudication proceedings has again come under the spotlight. Costain took Strathclyde Builders to adjudication and sought, amongst other things, an order...