Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 1st March 2011
    In the Petition of Mr & Mrs Paton
  • 18th February 2011
    Ellis Building Contractors Limited v Vincent Goldstein [2011] EWHC 269 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit Judgment date: 18 February 2011 SUMMARY (1) Without prejudice communications should not be deployed in adjudication proceedings. (2) Although a "without prejudice" letter was deployed in the instant case, its deployment did not give rise to a legitimate fear that the adjudicator might not have been impartial. (3) Where an issue is clearly and properly before an adjudicator, the fact that a party to the adjudication chooses not to address that issue head-on does not entitle that party to challenge the enforceability of the decision on the ground that the adjudicator has, in breach of the rules of natural justice, decided the case on a basis that has not been argued by either side. Technology and Construction Court, Akenhead JBACKGROUND Mr Goldstein employed Ellis...
  • 18th February 2011
    Northbuild Construction P/L v Central Interior Linings P/L & Ors [2011] QCA 22
    Administrative Law – Judicial Review – Private clauses – Particular cases – where appellant seeks declaratory and injunctive relief – where appellant does not seek relief under Judicial Review Act 1991 (Qld) – where issues of judicial review were argued by counsel – whether adjudication decisions made under the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act) are subject to judicial review for jurisdictional error – whether the primary Judge erred in applying the grounds set out in Brodyn to determine whether the adjudication decision was valid - Contracts – Building, engineering and related contracts – Remuneration – Recovery – where appellant was head contractor under construction contract – where appellant entered into subcontract with first respondent – where first...
  • 17th February 2011
    Cromer Excavations Pty Ltd v Cruz Concreting Services Pty Ltd [2011] NSWSC 51
    Building and construction - progress payments - payment plan served on Defendants - failure of Defendants to provide payment schedule within time limited by Building and Construction Industry Security of Payment Act 1999 – Plaintiff serves notice of intention to make adjudication application - Plaintiff thereafter takes proceedings for debt – whether Plaintiff made an election. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 - Uniform Civil Procedure Rules
  • 26th January 2011
    C N Associates v Holbeton Ltd [2011] EWHC 43 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit SUMMARY  (a) Where it was clear from all the circumstances that the responding party to an adjudication had reserved it rights with regards to the jurisdiction of the adjudicator, then the reservation would be effective notwithstanding the fact that there was no express reservation in terms. (b) If an adjudicator is given the power by the parties to make a decision as to his own jurisdiction, then in order to be effective his decision on that issue must be set out in terms.   Technology and Construction Court, Akenhead J Background In March 2004 the claimant (“CNA”) was engaged by Bright Services Ltd (“BSL”) to act as project manager for works to a substantial domestic property in London pursuant to a contract...
  • 21st January 2011
    K&J Burns Electrical Pty Ltd v GRD Group (NT) Pty Ltd & Anor [2011] NTCA 1
    Construction Contracts (Security of payments) Act 2004 (NT) – Determination by adjudicator as to monies payable by contractor to sub-contractor under construction contract – application to single Judge for judicial review – declaration by him that adjudicator jurisdiction not enlivened save as to balance of retention fund payable to appellant under relevant contract – whether impugned summary invoice constituted a payment claim giving rise to a payment dispute under the Act which was properly the subject of adjudication – whether prior invoices rendered constituted valid payment claims under cl 12.2 of contract – consideration of mandatory requirements of that clause – whether, if valid payment dispute did not arise in relation to claims for monies payable in respect of work done, it nevertheless remained open to trial Judge to uphold adjudication...
  • 17th January 2011
    Redwing Construction v Charles Wishart [2011] EWHC 19 (TCC)
  • 23rd December 2010
    T & M Buckley P/L v 57 Moss Rd P/L [2010] QCA 381
    Contract – Building, engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where respondent served on applicant a payment claim pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (‘the Act’) – where applicant failed to serve a payment schedule pursuant to s 18 of the Act – where applicant seeks to appeal summary judgment given in favour of respondent on a part of the payment claim – where respondent seeks to cross-appeal summary judgment – whether the trial judge erred in deciding whether respondent’s payment claim sufficiently identified the relevant construction work or related goods and services to which the claim related and was a valid payment claim for the purposes of the Act – whether applicant...
  • 22nd December 2010
    Walter Llewellyn & Rok v Excell Brickwork [2010] EWHC 3415 (TCC)
  • 22nd December 2010
    Redwing Construction Ltd v Charles Wishart [2010] EWHC 3366 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary  (1) Where a previous adjudicator has decided an issue outside his jurisdiction, it does not preclude a subsequent adjudicator deciding upon the same point at a later date. (2) Where an adjudicator in a contractual adjudication makes an obvious mistake which is merely clerical or arithmetical in nature then he may be able to make use of an implied term that permits him to correct the mistake provided that he does so within a reasonable time of handing down his decision. Technology and Construction Court, Mr Justice Akenhead Background Redwing Construction Limited (“Redwing”) was employed as a contractor by Mr Wishart to refurbish a domestic property in London, under the standard JCT Prime Cost Building Contract form (2006...