Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 20th June 2013
    NC Refractories Pty Ltd v Consultant Bricklaying Pty Ltd [2013] NSWSC 842
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) ss 4, 8, 13(5) - whether a payment claim was based on a construction contract - the parties entered into a verbal construction contract and the defendant served a payment claim - the plaintiff stated it would pay a lesser amount and the defendant sent a revised invoice - the plaintiff contended that the second invoice was not based on the construction contract but on a later independent arrangement arising out of the parties' communications which was not a construction contract - the plaintiff contended that if the claim was based on a construction contract it was the second claim under it and was in respect of the same reference date of the first claim and was impermissible under s 13(5) - held that the second claim was made under the original contract which had been varied and that the second...
  • 19th June 2013
    Sky General Services Pty Ltd V Bauen Constructions Pty Ltd [2013] NSWCA 191
    Appeal - application for leave to appeal – no challenge to substantive result - contention that wrong conclusion reached on two of three alternative bases of determination - challenge to costs order only
  • 17th June 2013
    Harkin v Renaissance Parquet Pty Ltd (Civil Claims) [2013] VCAT 1013
    Contract for the supply and installation of a hardwood floor to be a feature in a renovated house written contract prepared by supplier containing detailed conditions width and length of boards specified contract requires variations to be agreed in writing before undertaken respondent installs non-complying boards suppliers allegation that contract orally varied rejected breach of contract damages Bellgrove v Eldridge, Ruxley Electronics & Construction Ltd v Forsyth.
  • 3rd June 2013
    Ampcontrol SWG Pty Limited v Gujarat NRE Wonga Pty Limited (formerly Gujarat NRE FCGL Pty Limited) [2013] NSWSC 707
    Building and Construction Industry - Building and Construction Industry Security of Payment Act - Where claimant serves a payment claim for a progress payment which does not disclose the precise contractual provisions relied. Where defendant fails to serve a payment schedule and then opposes judgment being entered on the basis that the terms of the contract do not entitle the plaintiff to the progress payment claimed – sufficient for the plaintiff to make a claim - defendant could raise the contractual issue in a payment schedule or adjudication response but is not entitled to do so now
  • 3rd June 2013
    Built Environs Pty Ltd v Tali Engineering Pty Ltd & ors [2013] SASC 84
    Tali Engineering Pty Ltd lodged with Built Environs Pty Ltd a payment claim under the Building and Construction Industry Security of Payment Act 2009 (SA). Built Environs issued a responding payment schedule assessing the amount due at nil by setting off liquidated damages for delayed substantial completion. Tali Engineering applied to an authorised nominating authority, Nominator Pty Ltd, to appoint an adjudicator to adjudicate the claim. Nominator appointed Mr Allan. Mr Allan determined that Tali Engineering was entitled to payment of $579,420.90 (plus GST). Built Environs seeks an order setting aside Mr Allan’s determination as a nullity on six grounds........
  • 31st May 2013
    Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Ors [2013] QSC 141
    Thiess Pty Ltd filed an application seeking a declaration that the adjudication decision of the third respondent was void or should be set aside due to jurisdictional error – where Warren Brothers contended that the adjudication decision should not be declared void as the jurisdictional error affected only part of the decision and a more convenient and satisfactory remedy existed – whether the adjudication decision should be declared void
  • 30th May 2013
    Anderson Street Banksmeadow Pty Ltd v Helcon Contracting Australia Pty Ltd [2013] NSWSC 657
    Remedies - adjudication determination void - jurisdictional error found in respect of only one issue - whether declaration that the determination is void should be made - whether certiorari should be issued setting aside or quashing the determination - whether, instead, that part of funds paid into Court not attributable to the jurisdictional error should be paid out to the claimant
  • 23rd May 2013
    Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWHC 1322
  • 23rd May 2013
    True Fix Construction Ltd v Apollo Property Services Group Ltd [2013] EWHC 2524
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary (1) In coming to a decision on whether or not to exercise its discretion to stay execution of a judgment enforcing an adjudicator’s decision, the Court has to consider, first of all, the probable inability of a claimant to be able to repay the judgment sum if ordered to do so at the end of a substantive trial or arbitration hearing leading to a final determination.  (2) Where there is a probable inability of the claimant to repay the judgment, if the claimant's financial position is the same or similar to the financial position at the time when the relevant contract was made, or the claimant's financial position is due, either wholly or in part, to the defendant's failure to pay the sums which were awarded in the adjudication, then,...
  • 20th May 2013
    Sutton Services International Ltd v Vaughan Engineering Services Ltd [2013] NIQB 63