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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  • 24th April 2012
    Working Environments Ltd -v- Greencoat Construction Ltd [2012] EWHC 1039 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 24.04.2012 SUMMARY (1) A dispute concerning an interim valuation can be commenced prior to the valuation falling due for payment;  (2) the Adjudicator had no jurisdiction to decide on two new items of claim that were only raised 22 days into the adjudication process and  (3) the Adjudicator’s decision in respect of these items  was severable.Technology and Construction Court, Mr Justice AkenheadBACKGROUNDGreencoat Construction Ltd (“Greencoat”) was the main contractor employed to carry out substantial fitting out works to an office building.  Greencoat engaged Working Environments Ltd (“WE”) under a sub-contract to carry out the mechanical services installation for the project.  The sub-contract contained...
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  • 24th April 2012
    Machkevitch v Andrew Building Constructions [2012] NSWSC 546
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - preliminary issue - whether court should leave matter to be disputed before another adjudicator - adjudication determination - meaning of "arrangement" - whether there was an "arrangement" amounting to a construction contract for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW) - whether the definition of "construction contract" requires that an "arrangement" must be legally enforceable - whether the defendant's attempts to press its payment claims against the plaintiff is an abuse of the processes of the Act. - [ESTOPPEL] - Issue estoppel - Anshun estoppel whether the defendant is estopped (by way of narrow or Anshun estoppel), by reasons of the determination of the first adjudicator, from pressing its claim under the alleged construction contract....
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  • 24th April 2012
    DPD Pty Ltd v McHenry [2012] WASC 140
    Construction contracts - Claim for payment - Whether dispute arises by non- payment - Claim for payment - What constitutes - Prerogative relief - Alternatives revive - Whether appropriate for relief to issue
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  • 20th April 2012
    Re Graham Anstee-Brook; ex parte Karara Mining Ltd [2012] WASC 129
    Prerogative writ - Certiorari - Order nisi - Stay of determination - Turns on own facts
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  • 17th April 2012
    J B Leadbitter & Co v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC)
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  • 3rd April 2012
    Department of Construction and Infrastucture v Urban and Rural Contracting Pty Ltd & Anor [2012] NTSC 22
    Construction Contracts (Security of Payments) Act (NT) – interpretation of s 8(a) – when a “payment dispute” arises – jurisdiction to adjudicate – absence of “payment dispute” in present case – whether adjudicator’s determination reviewable by the Court – adjudication declared void for jurisdictional error
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  • 27th March 2012
    State Side Electrical Services v WA Commercial Constructions [No 2] [2012] WADC 60
    Building and construction - Payment dispute - Determinations by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgement - Appeals - Stay pending judicial review
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  • 27th March 2012
    Classic Stone v Julie Maurette Pitcher [2012] WASAT 80
    Construction Contracts Act 2004 (WA) - Whether decision amenable to review - Identification of parties to contract - Whether application for review should fail on basis that complexity in determining identity of parties and contractual terms makes it impossible to determine merits fairly.
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  • 27th March 2012
    Drakk Constructions Pty Ltd v Sandown Road Investments Pty Ltd [2012] VCC 307
    Building and Construction Industry – security of payment – progress payment claim- service on bank’s quantity surveyor – whether agent of superintendent – whether valid payment schedules -   Building and Construction Industry Security of Payment Act 2002 ss 14, 15, 16 and 17
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  • 27th March 2012
    Fineline Building Projects Pty Ltd v Lexicom Constructions Pty Ltd [2012] VCC 308
    Building and Construction Industry - security of payment - summary judgment –  payment claim - whether excluded amount - Building and Construction Industry Security of Payment Act 2002 ss 10B,14 and 16
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