Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
previous12...44454647484950...150151next
  • 17th September 2010
    Leighton Contractors v Vision Energy [2010] QSC 353
    Contracts – Building, Engineering and related contracts – where the applicant subcontracted lighting and electrical installation to the respondent pursuant to a schedule of rates contract in February 2009 – substantial completion of the works in December 2009 – applicant submitted release and waiver to respondent pursuant to contract – where respondent could provide written response to the details in the release and waiver – where release and waiver was "final and binding" on both parties if respondent failed to return or respond, and to the extent it did not disagree with the details in it –where respondent submitted progress claim pursuant to Building and Construction Industry Payments Act 2004 (Qld) s 17 – where applicant served a payment schedule – where respondent lodged an adjudication application under the Building and Construction...
    Click here to read more
  • 17th September 2010
    Proprietors of Strata Scheme 3618 v Costin Roe Consulting [2010] NSWSC 1049
    Administrative Law - residential building work - supervision and co-ordination - quantum meruit. - Legislation Cited: Home Building Act 1989 - Local Court Act 2007 - Building and Construction Industry Security of Payment Act 1999
    Click here to read more
  • 14th September 2010
    Eastern Well Service No 2 Pty Ltd v Campac (Aust) Pty Ltd [2010] QSC 350
    Contracts – Building, Engineering and related Contracts – where applicant engaged to construct a mobile camp – where respondent was to build the camp by 12 August 2010 for the applicant – where delays occurred – where applicant seeks an interlocutory injunction requiring the respondent to deliver up the mobile camp or such part of it which has been constructed and to deliver up confidential information which was provided by it to the respondent in connection with the agreement to manufacture the camp – whether such interlocutory injunction should be granted.
    Click here to read more
  • 10th September 2010
    De Neefe Signs Pty Ltd v Build1 (Qld) Pty Ltd; Traffic Technologies Traffic Hire Pty Ltd v Build1 (Qld) Pty Ltd [2010] QSC 279
    Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – Validity of adjudication application and decision – Validity of payment claim - Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Payment claims – What constitutes valid payment claim – Building and Construction Industry Payments Act 2004 (Qld), s 17 - Procedure – Courts and judges generally – Courts – Attempt to oust jurisdiction of court – By statute – Implied ouster – Exclusivity of jurisdiction of statutory adjudicator - Statutes – Acts of Parliament – Interpretation – Particular...
    Click here to read more
  • 9th September 2010
    Volker Stevin v Holystone Contracts [2010] EWHC 2344 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Volker Stevin v Holystone Contracts [2010] EWHC 2344 (TCC) Judgment Date: 9 September 2010 summary  (a) Where an adjudicator makes enquiries of the parties, and allows new material to be advanced as a result, his decision will not be reached unfairly or outside of jurisdiction provided that all parties see the new material and have an opportunity to comment upon it.  (b) A reduction in the sum claimed in an adjudication will not of itself give rise to a valid jurisdictional challenge as it is inevitable that in any complex construction claim the figures will alter as more information becomes available.  (c) The mere fact that an adjudicator knew that a without prejudice offer had been made does not of itself give rise to a valid challenge...
    Click here to read more
  • 3rd September 2010
    MBE Electrical Contractors v Honeywell Control Systems
    Click here to read more
  • 30th August 2010
    Agusta Industries v Niclad Constructions [2010] NSWSC 925
    Building and Construction - Building and Construction Industry Security of Payment - Act 1999 - whether adjudicator's determination void for alleged failure of receipt of adjudication application - whether presumption of receipt of postal article - whether a denial of natural justic LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Evidence Act 1995 - Acts Interpretation Act 1901 (Cth)
    Click here to read more
  • 27th August 2010
    Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors [2010] NSWSC 976
    Building and Construction Industry Security of Payment Act 1999 - Plaintiff against whom a judgment has been entered who brings proceedings seeking to prevent a party from relying on that judgment without seeking to set aside the judgment is aware that section 25 (4) of the Act requiring security will not be triggered Court cautious to ensure justice between the parties but also to ensure that the legislation under which the application is brought is not circumvented LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Civil Procedure Act 2005 (NSW)
    Click here to read more
  • 23rd August 2010
    Construct Interiors NZ Limited v Peter William Jones & KMB Interiors Contracts Ltd CIV-2010-404-897
    Click here to read more
  • 23rd August 2010
    Construct Interiors NZ Limited v Peter William Jones & KMB INteriors Contracts Ltd CIV-2010-404-897
    The Judicature Amendment Act 1972.
    Click here to read more
previous12...44454647484950...150151next