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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  • 29th September 2003
    M L Europe Property Ltd v Hurst Stores and Interiors Ltd [2003] EWCA Civ 1420
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  • 26th September 2003
    Emag Constructions P/L v Highrise Concrete Contractors (Aust) P/L [2003] NSWSC 903
    Contract  -construction contract  - payment claim - non-payment of amount claimed  -Building and Construction Industry Security of Payment Act 1919 (NSW)  - progress payment claim - payment schedule of $Nil - adjudication attempted service of adjudication application - appointment of adjudicator  -failure to provide adjudication response - validity of acceptance of appointment by adjudicator - jurisdiction of adjudicator to adjudicate -validity of determination given by adjudicator - sections 13, 14, 17, 19, 20, 21, 31 of the Act - Service - ordinary meaning of "service"  - validity of service of documents on legal representatives -principles of actual or ostensible authority in solicitors to receive service of copies of relevant notices -statutory construction  - formal and strict requirements to observe time stipulations in the Act
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  • 25th September 2003
    Paynter Dixon Constructions P/L v JF & CG Tilston P/L [2003] NSWSC 869
    [STATUTORY ADJUDICATION] -Statutory regime for recovery of progress payments under construction contracts - Application for injunction permanently restraining an adjudication - Whether adjudicator validly appointed - Whether adjudicator has jurisdiction to determine a dispute in relation to a Payment Claim that contained a claim conceded to be appropriately made under s 13 of the Building and Construction Industry Security of Payment Act 1999, but which also included a contentious claim for damages or loss of profits for alleged wrongful repudiation of a contract.ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Building and Construction Industry Security of Payment Amendment Act 2002 (NSW)
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  • 19th September 2003
    Amec Capital Project Ltd v Whitefriars City Estate Ltd [2003] EWHC 2443
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  • 17th September 2003
    Amflo Constructions P/L v Anthony Jefferies [2003] NSWSC 856
    STATUTES - ACTS OF PARLIAMENT - interpretation - Building and Construction Industry Security of Payment Act 1999 - time within which application for adjudication must be made - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - Building and Construction Industry Security of Payment Act 1999 - time within which application for adjudication must be made Building and Construction Industry Security of Payment Act 1999Building and Construction Industry Security of Payment Amendment Act 2002Interpretation Act 1987Statute Law (Miscellaneous Provisions) Act 2003
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  • 10th September 2003
    Van Oord ACZ Ltd v Port of Mostyn Ltd [2003] BM350030 TCC
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  • 4th September 2003
    RSL Southwest Ltd v Stansell Ltd [2003] EWCA 1319
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  • 27th August 2003
    Isak Constructions v Faress [2003] NSWSC 784
    CORPORATIONS - statutory derivative action - meaning of "an officer or former officer of the company" - unresolved question whether director removed from office - whether appropriate to grant leave when notice requirement in s.237(2)(e)(i) not satisfiedACTS CITED: Corporations Act 2001 (Cth), ss.236, 237
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  • 1st August 2003
    Highland Council v Construction Centre Group Ltd [2003] Scott CS 221
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes On the facts of this case, one party could not deduct the amount awarded to it by an adjudicator from the amounts that it owed the other party as awarded by a previous adjudicator that had been upheld by the Court.  Lord Carloway, Outer House, Court of Session 1 August 2003 HC engaged CCG to design, construct and maintain works.  The Contract incorporated conditions based on the ICE Conditions of Contract, 5th ed., 1973 (Jan. 1979 revision), with amendments.  An Adjudicator awarded CCG £245k, which HC was decreed to pay at first instance. HC referred a claim for liquidated damages ('LDs') to a second Adjudicator.  That Adjudicator decided that HC was entitled to LDs of £638k.  Also, 'for reasons not immediately...
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  • 9th July 2003
    Karimbla Construction v Alliance Group Building [2003] NSWSC 617
    CORPORATIONS - winding up - statutory demand - application to set aside - genuine dispute based on Building and Construction Industry Security of Payment Act shown - allegation of such dispute not shown in any way by s.459G(3) affidavit - offsetting claim also alleged - widely differing amounts attached by serving party to claims for unliquidated damages - whether precise amount necessary when all asserted figures greatly exceed debt claimed by statutory demandACTS CITED: Building and Construction Industry Security of Payment Act 1999, ss.13 and 14 - Corporations Act 2001 (Cth), ss.459G and H
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