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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21st December 2010
Irvin v Robertson

Part 8 proceedings to seek a declaration that the parties had entered into a construction contract as defined in section 104 of the Housing Grants, Construction and Regeneration Act 1996 and that such a contract was in writing as defined within section 104 of the Act. Further and in the alternative a declaration was sought that in any event the parties had agreed that any dispute could be referred to adjudication under the Defendant's adjudication procedure. Held: That there was no legal basis for a freestanding agreement to adjudicate and that the parties had not concluded a contract. The parties were not ad idem on essential issues of design responsibility, price and whether or not there was to be a guaranteed maximum price for the project.

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17th December 2010
Claude Neon Pty Ltd v Rhino Signmakers [2010] VSC 619

Building Contracts – Building and Construction Industry Security of Payment Act 2002 (Vic) - Decision of adjudicator challenged by Plaintiff – Type of work to be valued under the Act – Whether there was sufficient material before the adjudicator to undertake proper valuation of building works subject of payment claim – Proper material on which adjudicator should rely – Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd [2006] NSWSC 724 applied and followed – Plaintiff’s claim dismissed. Administrative Law – Judicial Review – Decisions of adjudicator and review of adjudicator appointed under Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether basic and essential requirement of the Act complied with - Plaintiff’s claim dismissed.

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14th December 2010
Spankie & Ors v James Trowse Constructions Pty Limited [2010] QCA 355

Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovery of progress payments - Payment claims – where the appellants and respondent entered into a construction contract and the respondent served a payment claim on the appellants – where the payment claim was adjudicated under Building and Construction Industry Payments Act 2004 (Qld) (‘BCIPA’) – where adjudication decision declared void – where the respondent served on the appellants a subsequent payment claim, claiming an unpaid amount from the earlier claim – where the appellant’s applied for a declaration that the subsequent payment claim was void as an abuse of process or as a second payment claim in contravention of s 17(5) of BCIPA – where the primary judge dismissed the application –...

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6th December 2010
Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No 2) [2010] QSC 457

Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovry of progress payments – Adjudication of payment claims – where an adjudicator upheld the first respondent’s claim for a progress payment under the Building & Construction Industry Payments Act 2004 (Qld) – where in July 2009 the applicant successfully applied for an injunction restraining the first respondent from taking any steps to obtain an adjudication certificate or from otherwise enforcing the adjudication decision, on the applicant’s undertaking to provide bank guarantees to secure the adjudicated amount – whether the applicant should be required to provide further security for the interest that has accrued on the adjudicated amount, as a condition of theinjunction. - Building and Construction...

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6th December 2010
Steel v Beks [2010] NSWSC 1404

Building & Construction. Application to set aside determination under Building & Construction Industry Securty of Payment Act 1999. Finding by the court that payment claims and s17(2) notices not served. Determination set aside.

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6th December 2010
St Hilliers Contracting Pty Limited v Dualcorp Civil Pty Ltd [2010] NSWSC 1468

Contract – building, engineering and related contracts – Building and Construction Industry Security of Payment Act 1999 ss 10(1), 11(1), 11(1)-(2), 22(1)-(4) – the plaintiff challenged an adjudication determination in favour of the first defendant by the second defendant on grounds that the second defendant committed jurisdictional error and did not afford it natural justice because she did not have regard to material properly before her and determined the date for payment for the adjudicated amount on a basis which was not the subject of submission by either party – HELD – that both complaints were made out – there should be an order in the nature of certiorari quashing and setting aside the adjudication determination - Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW)

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6th December 2010
Steel v Beks [2010] NSWSC 1405

Corporations Law. Application to set aside statutory demand under s459G of the Corporations Act. - Proceedings not commenced in time. Discussion of whether s29 of Acts - Interpretation Act 1901 or s160 of Evidence Act applies.

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26th November 2010
Siteberg v Maples [2010] NSWSC 1344

Procedure - application for vexatious proceedings order pursuant to s 8 - Vexatious Proceedings Act - whether proceedings are vexatious - whether vexatious proceedings were instituted or conducted frequently - meaning of "frequently". - Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) - Corporations Act 2001 (Cth) - Vexatious Proceedings Act 2008 (NSW)

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23rd November 2010
Cardinal Project Services v Hanave [2010] NSWSC 1367

Building and Engineering Contracts – adjudication – determinations – validity – where prior adjudication made on same payment claim – where prior - determination declared void – whether plaintiff could make second adjudication - application – whether second application made within time allowed by s 26(3) – whether second determination void – judicial review – Building and Construction - Industry Security of Payment Act 1999 (NSW) s 26.

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19th November 2010
Kariiti Ltd v Donovan Drainage & Earthmoving Ltd CIV-2010-488-000613

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