Case Study Archive

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There are a total of 1503 cases in our archive

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9th July 2001
AB & MA Chick (Vic) P/L (In Liq) v 526 Olive Street P/L [2001] NSWSC 575

Application for summary judgment in respect of balance of Progress Claim withheld by agreement. [INTERLOCUTORY MANDATORY INJUNCTION] - Whether such should be granted where no undertaking as to damages proffered and a lack of capacity to reinstate guarantee. Plaintiff in liqudiation prior to calling upon guarantee.

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5th July 2001
British Waterways Board [2001] ScotCS 182

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In Scotland at least, an interim order preventing for a time the commencement of adjudication proceedings can be obtained, on the basis that there is no dispute which can properly be referred to adjudication at that time. To get such an order a party will have to show that the balance of convenience favours delaying the adjudication Lord McCluskey, Outer House, Court of Session 5 July 2001 The petitioner sought an interim order to prevent the respondent, for a time, from commencing an adjudication. Lord McCluskey began by saying that, when interim orders in petitions for judicial review are sought, the court must be satisfied that the petitioners have a prima facie case, that is, a case to try. If this succeeds, the court will look at where the...

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27th June 2001
SL Timber Systems Ltd v Carillon Construction Ltd [2001] ScotCS 167

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Even if one party has failed to give a timeous notice of its intention to withhold payment, the other party is still obliged to show that he is entitled to the sums claimed under the contract. In Scotland challenges to the enforcement of adjudicators' decisions on grounds of the receiving party's inability to repay the amount awarded in later proceedings are unlikely to be upheld. Lord Macfadyen, Outer House, Court of Session 27 June 2001 S sought to enforce an adjudicator's award for three sums under three contracts for the supply and erection by S for C of structural timber kits. (The form of contract used is not clear from the judgment, but it is clear that the adjudication provisions did not comply with HGCRA 1996 and therefore the Scottish...

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26th June 2001
Naylor (William) v Greenacres Curling Ltd [2001] Outer Ct of Session P514/01

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court (in Scotland) may be prepared to grant interdict and suspension to prevent a void adjudication from proceeding. Where the remedy of interdict and suspension is sought, the Court of Session is being asked to exercise its supervisory jurisdiction and the application must therefore be made by way of petition for judicial review. Lord Bonomy, Outer House, Court of Session 26 June 2001 P entered into a contract with G to lay and finish a concrete surface at an ice rink. The provisions of the Scottish adjudication Scheme applied to that contract. P completed the works and rendered an invoice. G refused to pay on the basis that the concrete supplied did not comply with the contract specification. In the first adjudication initiated by the petitioners,...

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26th June 2001
Bickerton Construction Ltd v Temple Windows Ltd [2001] BM 1500 27

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The scope of the adjudicator's jurisdiction stems from the Notice of Adjudication, and determination of the final account had been expressly excluded from it. He had no jurisdiction to determine the gross valuation figure from which to deduct payments already made and sums which B was entitled to withhold. Her Honour Judge Frances Kirkham, Technology & Construction Court, Birmingham County Court 26 June 2001 B engaged T to carry out work under a construction contract based on the DOM/2 form. B determined the contract due to concerns regarding progress and lack of quality of materials and workmanship, and engaged others to complete the work and remedy defects in T's work. B gave notice of adjudication on the basis that disputes had arisen between...

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22nd June 2001
Mecright v Morris [2001] HT 01 84

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In an Adjudication conducted pursuant to the Scheme, the jurisdiction of the Adjudicator derives from the Notice of Adjudication which may not be cut down or enlarged upon by matters referred to in the Referral Notice or other documents submitted during the course of the Adjudication. The scope may be enlarged by agreement or if it is a matter arising under the relevant contract which the Adjudicator considers is necessarily connected with the dispute. His Honour Judge Richard Seymour QC, Technology and Construction Court 22 June 2001 Morris subcontracted the design, fabrication, supply and erection of structural steel work, roof decking and walling cladding at a retail park in Staffordshire to Mecright. The Scheme for Construction Contracts applied. After...

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21st June 2001
Ballast Plc v Burrell Ltd [2001] P336/01

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator appointed under section 108 of the HGCR Act 1996 decided the dispute was incapable of resolution by adjudication as the parties had departed from the terms of a JCT contract, he acted outside his jurisdiction and his decision was a nullity. Lord Reed, Outer House, Court of Session 21 June 2001 BC employed B to act as management contractor for a project under a standard JCT form of management contract. A dispute arose between the parties and it was referred to adjudication under section 108 of HGCR Act 1996. The provisions contained in Part I of the Schedule to the Scheme for Construction Contracts (Scotland) Regulations 1998 (the adjudication provisions) had taken effect as implied terms of the contract. The adjudicator gave...

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15th June 2001
Sindall Ltd v Abner Solland [2002] Con LRHT 01/129

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Consideration of the timeliness of a contractor's performance for the purposes of deciding whether the employer has the right to determine the contractor's employment for a failure to proceed regularly and diligently must take into account the true completion date. Accordingly, when time for completion is an ingredient of the dispute referred an adjudicator will have jurisdiction to decide the length of any extension of time due. HHJ Humphrey LLoyd, Technology and Construction Court 15 June 2001 The Claimant, S1 was employed by the Defendant, S2 to carry out renovation works to a property in London. MEA was the contract administrator appointed by S2. The contract for the works specified a completion date, but permitted MEA to grant extensions of...

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15th June 2001
Barr Ltd v Law Mining Ltd [2001] ScotsCS 152

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court will enforce part only of an adjudicator's decision where it finds that another part of that decision has been made in excess of the adjudicator's jurisdiction and that part is easily severable from the part made with jurisdiction. Lord MacFadyen, Outer House, Court of Session 15 June 2001 B sought to enforce by decree (judgment) two adjudicators' awards made in its favour. The two adjudications arose from related construction contracts for road improvement works on the A76 and for the construction of a new access road. In both adjudications, the adjudicator decided in favour of B and B sought summary decree for payment of those awards on the basis L had no defence. L sought to show that the first adjudicator had acted beyond his jurisdiction,...

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14th June 2001
Zhang (Julie) v Canterbury City Council [2001] NSWCA 167

ADMINISTRATIVE LAW - consent to development applications - requirement to "take into consideration" development control plan - Environmental Planning and Assessment Act 1979, s79C(1) - ADMINISTRATIVE LAW - appeal on question of law - Land and Environment Court Act 1979, s56A. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 - Land and Environment Court Act 1979

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