Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 31st March 2011
    Durham County Council v Jeremy Kendall (Trading as HLB Architects) [2011] EWHC 780 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit SUMMARY (1) The requirements of s107 of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) that the contract must be in writing might be satisfied even if a contract has been negotiated on a written basis with relatively vestigial terms (for example: “Please go ahead on the basis of your tender”). (2) Acceptance of an offer did not have to be recorded in writing if that acceptance did not contain any of the terms of the contract (e.g. acceptance by conduct). (3) Where a contract contains conditions that have to be fulfilled to bring certain obligations under the contract into effect, the fulfilment of those conditions did not have to be evidenced in writing. (4) Where the Notice of Adjudication and Referral Notice make reference...
  • 31st March 2011
    Bodhi Space No 2 Trust v Jasmine May Grochau & Paul Sheep Investments Pty Ltd [2011] QDC 59
    Uniform Civil Procedure Rules r 292, r 293 Cross-applications by plaintiff and defendants for summary judgement - plaintiff successful - parties' deed held to require payment on dates stipulated for particular amounts aggregating $140,000, which was taken to be the relevant debt on dissolution of a partnership - payments to by made albeit on a provisions basis pending recourse to processes for raising and resolving disputes as to correctness of the $140,000 - no outcome from such processes to date
  • 29th March 2011
    Thiess Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] WASC 80
    Administrative law - Whether a determination by an adjudicator under the Construction Contracts Act 2004 (WA) is subject to the Supreme Court's supervisory jurisdiction - Grounds on which certiorari might be granted - Construction of a privative clause Building and construction - Security of payment - Application for leave to enforce determination made under Construction Contracts Act 2004 (WA) as a judgment - Whether adjudication application made within time or contained 'recycled' claims - Whether a respondent who is aggrieved by a decision by an adjudicator to refuse to dismiss an adjudication application can seek a review of the decision in the State Administrative Tribunal Legislation:Construction Contracts Act 2004 (WA);State Administrative Tribunal Act 2004 (WA)
  • 25th March 2011
    PC Harrington Contractors v Tyroddy Construction [2011] EWHC 813 (TCC)
    Harrington engaged Tyroddy as a sub-contractor on three projects. This case dealt with one project and in so doing disposed of the other issues on the other two cases. Tyroddy claimed the release of retention. There was no express term dealing with its release under the sub-contract.  It went to adjudication seeking the release of that retention.  Harrington response in the adjudication was that the entire valuation of Tyroddy's work was presently no more than an 'on account' assessment. Until the final account had been ascertained any amount that was owed to Tyroddy by way of retention had not therefore been established and could not become due. Harrington said that it had established that Tyroddy had been overpaid to the tune of £225,085.97.  Within its calculations it included a cross-claim.  Harrington said that if, as a matter of taking proper account between...
  • 23rd March 2011
    Siemens Ltd v Origin Energy Uranquinty Power Pty Ltd [2011] NSWSC 195
    Arbitration - Arbitration agreement - whether parties agreed to submit dispute under s 15(2)(a)(i) of the Building and Construction Industry Security of Payment Act 1999 to arbitration. BUILDING AND CONSTRUCTION CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - whether dispute under s 15(2)(a)(i) of the Act arbitrable - whether proceedings under s 15(2)(a)(i) should be stayed.  Legislation Cited:Building and Construction Industry (Security of Payment Act) 1999 - Civil Procedure Act 2005 - Commercial Arbitration Act 1984 - Commercial Arbitration Act 2010 - Corporations Act 2001 (Cth) - Home Building Act 1989 - Industrial Relations Act 1996 - Insurance Contracts Act 1984 (Cth) - Trade Practices Act 1974 - Uniform Civil Procedure Rules
  • 21st March 2011
    Sand Excavation Pty Ltd v Nahas Constructions Pty Ltd [2011] NSWSC 184
    Evidence - witnesses - credibility; procedure - service - whether effective - consequence of not being wholly within premises and whether service occurred within office hours; Contract - building - whether contract provided a due date such that relief under Building and Construction Industry Security of Payment Act 1999 (NSW) was available - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Industrial Relations Act 1996 (NSW) Industrial Relations (General) Regulations 2001 (NSW)
  • 16th March 2011
    Olympia Group (NSW) Pty Ltd v Hansen Yuncken Pty Ltd & Anor [2011] NSWSC 165
    Building and Construction Contracts - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether a decision by an adjudicator who does not have jurisdiction was a determination under s 22 – whether entitled to submit new claim under s 17 - whether adjudicator had jurisdiction to determine claim - whether construction work carried out outside NSW - Legislation Cited: Building & Construction Industry Payments Act 2004 (Qld) - Building & Construction Industry Security of Payment Act 1999 (NSW) - Jervis Bay Territory Acceptance Act 1915 (Cth)
  • 11th March 2011
    John Holland Pty Ltd v Walz Marine Services Pty Ltd & Ors [2011] QSC 39
    Contracts – Building, engineering and related contracts – The contract – where applicant company constructing wharf and coal loading facility – where first respondent subcontractor for marine works – where first respondent submitted claims for delay and disruption costs pursuant to subcontract – where first respondent made adjudication application under the Building and Construction Industry Payments Act 2004 – where adjudicator allowed the claim – where applicant applied for order that the decision be quashed or set aside – where applicant applied alternatively for declaration that decision is void or for order restraining the first respondent from enforcing or relying on decision – whether adjudicator erred in not applying his mind to the task of valuation of claims as required - Contracts - Building, engineering and...
  • 4th March 2011
    Filadelfia Projects Pty Limited v Entirity Business Services Pty Limited & Anor (No 2) [2011] NSWSC 116
    Contract - informal agreements -construction contracts - relevance of post contractual conduct in determining who the parties to the contract are – objective determination - contract found between builder and contractor, not developer and contractor - Procedure – adjudication application under Building & Construction Industry Security of Payment Act 1999  - natural justice - failure to supply same documents to adjudicator and opposing party - denial of natural justice – whether relief should be refused in circumstances where conduct not deliberate and issue determined on the merits by the court  - abuse of process - deliberately withheld relevant documents from adjudicator  – no duty of full disclosure in adjudication process - Legislation Cited: Building & Construction Industry Security of Payment Act 1999 (NSW) - Industrial Relations...
  • 2nd March 2011
    HVAC (Qld) Pty Ltd v Xception Pty Ltd [2011] QDC 22
    Contracts – Subcontract – agreement for supply of delivery and installation of mechanical services – statutory regulation of entitlement to and recovery of progress payments – claim for payment under the Building and Construction Industry Payments Act 2004 – application for summary judgment – existence of arguable defences under s 52 of the Trade Practices Act 1974 and/or estoppels - Respondent alleged applicant ahd engaged in misleading and deceptive conduct – Whether There is an Arguable Case for Breach of s 52 of Trade Practices Act 1974 (Cth) – whether summary judgment should be given - Estoppel – Respondent Alleged Estoppel Based on a Course of Conduct – whether estoppel available as a defence to an application for judgment on a payment claim