Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 20th May 2010
    Charles Brand v Donegall Quay [2010] NIQB 67
  • 20th May 2010
    Central House Movers Limited v David Rennie Russell & Karen Leanne Russell CIV 2010-454-000103
    Under the construction Contracts Act 2002.
  • 19th May 2010
    David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (No. 2) [2010] QSC 166
    Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Hearing – Nature of Hearing – Opportunity to present case – where an adjudicator upheld the first respondent’s claim against the applicants under the Building and Construction Industry Payments Act 2004 (Qld) – where the applicants allege that the adjudicator decided a substantial part of the claim upon a basis which neither the applicants nor the first respondent had addressed – whether the adjudicator’s decision is void for want of natural justice. - Building and Construction Industry Payments Act 2004 (Qld) s 25(4) - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor (2004) 61 NSWLR 421 - David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors [2010] QSC 29 - John...
  • 18th May 2010
    Simcorp Developments and Constructions P/L v Gold Coast Titans Property P/L [2010] QSC 162
    Procedure  – Supreme Court Procedure – Queensland – Practice Uunder Rules of Court – Staying Proceedings – where the applicant, Simcorp Developments Pty Ltd, commenced proceedings in relation to payment claims made pursuant to the Building and Construction Industry Payments Act 2004 – where the applicant, Simcorp Developments Pty Ltd, seeks leave to discontinue those proceedings in favour of a new claim - whether appropriate to stay further proceedings until costs are paid – whether costs should be paid on the indemnity basis - Contract – Building, Engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where the applicant, Simcorp Developments Pty Ltd, served a payment claim pursuant to the Building and Construction Industry Payments Act...
  • 17th May 2010
    Metacorp Pty Ltd v Andeco Construction Group Pty Ltd [2010] VSC 199
    Building Contracts- Building and Construction Industry Security of Payment Act 2002 (Vic.) – Progress claim under s. 14 of the Act – Whether basic and essential requirements of the Act met – Jurisdictional error - Jurisdiction of an adjudication application made under the Act – Service of payment claim on person liable to make the payment – Whether service on superintendent sufficient – Whether service by email sufficient – Whether payment due under construction contract – Natural justice in respect of an adjudication under the Act – Principles of natural justice to be applied – Failure of adjudicator to permit respondent to the application to comment on material submissions put by the other party – Finding of breach of the rules of natural justice.
  • 14th May 2010
    Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting [2010] QSC 156
    Administrative Law– Judicial Review –Eviewable Decisions snd Conduct – Generally – where an adjudicator upheld the first respondent’s claim for a progress payment under the Building & Construction Industry Payments Act 2004 (Qld) – where the applicant challenges that decision on the basis that it was procured by the fraud of the first respondent – whether an adjudicator’s decision procured by fraud may be the subject of judicial review. - Building and Construction Industry Payments Act 2004 (Qld) ss 18, 24(4), 33 - Judicial Review Act 1991 (Qld) Sch 1 Pt 2, ss 18(2), 41 - Justice and Other Legislation Amendment Act 2007 (Qld)ss 90-91 - Supreme Court Act 1970 (NSW)...........
  • 14th May 2010
    John Holland Pty Ltd v Schneider Electric Buildings Australia Pty Ltd [2010] QSC 159
    Building and Engineering Contracts – Building and Construction Industry Payments Act 2004 (Qld) – whether payment claim sought to re-agitate issues decided by previous adjudicator – nature of previous adjudicator’s decision – whether the Act precludes re-agitation of same issues- whether issue estoppel arises from adjudicator’s decision –whether claimant should be restrained from serving an adjudication application
  • 14th May 2010
    Allpro Building Services Pty Limited v Micos Architectural Division Pty Limited & Ors [2010] NSWSC 474
    Natural justice - Reasonable apprehension of bias - Building and Construction Industries Security of Payments Act 1999 Adjudicator has a history of disputation with plaintiff concerning plaintiff having refused to pay adjudicator's fees - Adjudicator refuses to accept challenge to his right to determine the matter - Critical significance that adjudicators determine the adjudications which come before them, without regard to extraneous circumstances as for example private communications with their colleagues about one or other of the parties  LEGISLATION CITED: Building and Construction Industries Security of Payments Act 1999
  • 13th May 2010
    Cleveland Bridge (UK) Ltd v Whessoe-Volker Stevin Joint Venture [2010] EWHC 1076 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (1) In order to decide whether a contract was a contract for “construction operations” for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”) it was necessary to look at the nature of the work broadly. (2) Where a contract was partly for construction operations and partly for non-construction operations, in determining the part that related to non-construction operations the wording of s.105(2) of the Act should be interpreted narrowly. (3) Where an adjudicator’s decision simultaneously addresses matters relating to construction operations alongside matters relating to non- construction operations, the decision is generally not severable to allow that part which is within the...
  • 11th May 2010
    Allpro v Micos [2010] NSWSC 453
    Building and Engineering Contracts - interlocutory injunction – restraining enforcement of determination of adjudicator - apprehension of bias - denial of natural justice - extension of time for adjudication - short time limit for agreement - no actual or implied agreement to extension - payment of adjudicator's fees. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW)