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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6th November 2003
Brodyn P/L t/a Time Cost & Quality v Philip Davenport [2003] NSWSC 1019

Building and construction - progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 - determination made by adjudicator - Administrative law - whether, and if so to what extent, judicial review of adjudications made pursuant to the Building and Construction Industry Security of Payment Act 1999 is available - scope of relief available in the nature of a writ of certiorari - grounds upon which judicial review is availableACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Home Building Act, 1989 (NSW) - Supreme Court Act 1970 (NSW)

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4th November 2003
Max Cooper v Booth [2003] NSWSC 929

Corporations Law. Application to set aside statutory demand. Demand based upon judgment pursuant to an adjudicator's determination under the Building & Construction Industry Security of Payment Act 1999. Whether a contractural ofsetting claim can be used to set aside the demand. Estoppel whether adjudicator's decision give rise to res judicata.ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment Amendment Bill 2002 -Corporations Act 2001

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31st October 2003
Musico v Davenport [2003] NSWSC 977

ADMINISTRATIVE LAW - whether the determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 is open to judicial review and upon what grounds - whether there were errors of law, jurisdictional errors or denial of natural justice - whether discretionary reasons for refusal of reliefACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment Amendment Act 2002 - Corporations Act 2001 -Supreme Court Act 1970

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29th October 2003
Simons Construction Ltd v Aardvark Developments Ltd [2003] EWHC 2474 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator fails to issue his decision within the appropriate time then this will not of itself mean that the decision is not binding upon the parties. Time may be of the essence for issuing his decision, but the parties have the ability to terminate the adjudicator's appointment if the time for issue of the decision expires without it being given and, if they do not, then they are likely to be bound by the adjudicator's late decision. TCC, Judge Richard Seymour QC29 October 2003 The parties were involved in a redevelopment project in Ely under a JCT Standard Form of Building Contract, with Contractor's Design 1981 Edition (incorporating the JCT adjudication amendments). A dispute arose between the parties and was...

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29th October 2003
Emag Constructions P/L v Highrise Concrete Contractors (Aust) P/L [2003] NSWSC 988

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28th October 2003
Dean & Dyball v Kenneth Grubb Associates [2003] EWHC 2465

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If a respondent denies it is liable to pay the claimant anything, then changes to quantum in the Notice from the quantum previously claimed will not of themselves mean that no dispute has crystallized at the time of the Notice. If an adjudicator follows an agreed procedure it will be difficult to show he has acted unfairly; conversely, if he has not followed the agreed procedure it may be relatively easy to show he has acted unfairly. HHJ Seymour QC, Technology and Construction Court 28 October 2003 D&D, a contractor, engaged an engineer, KGA, to design a tidal lock gate ('the Gate') to a marina. D&D said that the Gate was defective and claimed against KGA. D&D referred its claim to adjudication. The adjudicator...

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21st October 2003
Thomas-Fredric's (Construction) Ltd v Wilson [2003] EWCA Civ 1494

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The question considered by the Court of Appeal was whether the parties in an adjudication were bound by the adjudicator's decision on the issue of whether he had jurisdiction to determine the dispute, one of the parties having claimed that the wrong party had been named as respondent in the adjudication. The Court of Appeal held that the parties would be bound if they had agreed to the adjudicator deciding the point, or if, in the absence of such agreement, the adjudicator's decision in that regard was plainly right. Simon Brown, Judge and Jonathan Parker LLJ,Court of Appeal21 October 2003 Thomas Fredric's entered into a building contract with Wilson for works which were then carried out and for which they received payment from Wilson. ...

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20th October 2003
Hughes (JW) Building Contractors v GB Metalwork [2003] EWHC 2421

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where a party had failed to raise the issue of non-receipt of certain documents in the adjudication, when invited to do so, it could not claim the adjudicator had infringed the rules of natural justice by failing to give that party the opportunity to consider and respond to documents. It is commonplace that certain documents come to light at a late stage in litigation and other dispute resolution procedures and are dealt with without any delay or adjournment proceedings. The Honourable Mr Justice Forbes, Technology and Construction Court The case arose out of a subcontract for the fabrication and erection of steelwork between the respondents, JW Hughes Building Contractors Ltd ('JWH') and the applicants, GB Metalwork Limited...

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20th October 2003
Abacus Funds Management Ltd v Davenport [2003] NSWSC 935

ADMINISTRATIVE LAW - Prerogative Writs and Orders - Whether an order in the nature of certiorari lies against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 - Whether interlocutory relief should be granted ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Supreme Court Act 1970 - Building and Construction Industry Security of Payment Amendment Act 2002

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10th October 2003
Masterton Homes P/L v Executive Builders & Developers P/L [2003] NSWSC 908

VENDOR and PURCHASER - sale off the plan - entitlement to rescind where not registered in time available - Purchaser obtained interlocutory injunction to restrain rescission where prima facie case that Vendor in breach of contractual obligation to do whatever is reasonably necessary: 2000 Edition cl.29. ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)

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