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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
23rd December 2009RWE NPower v Alstom Power [2009] EWHC B40 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (a) Where a notice of adjudication under Part 1 of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (“the Scheme”) purported to refer claims under a single contract to adjudication, the fact that some of the claims actually arose under another contract did not invalidate the notice to refer. (b) In deciding whether the claims referred constituted a single dispute or more than one dispute, a benevolent interpretation of the notice of adjudication should be adopted. Where the elements of a dispute were linked, that was a single dispute. (c) “Without prejudice” privilege attached to the content of the exchanges of a negotiation and not to the fact that the negotiation had taken...
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23rd December 2009Searle v Kelso [2009] WASAT 255Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether claim complied with implied statutory requirements - Whether contract required final claim to be made during period of notice prior to termination - Whether contract permitted only one 'final account' Legislation: Builders' Registration Act 1939 (WA), s 12A - Construction Contracts Act 2004 (WA), s 3. s 6. s 16. s 26. s 26(1). s 3 l(2). s 3 1 (2)(a), s 3 1 (2)(a)(ii), s 46(1), s 46(2), cl 5(2), cl 5(2)(f), cl 5(2)(h) Sch 1 Div 4 - State Administrative Tribunal Act 2004 (WA), s 27(1). s 27(2). s 27(3). s 29(1)
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23rd December 2009Filadelfia Projects Pty Limited v EntirITy Business Services Pty Limited [2009] NSWSC 1468Administrative Law - Particular Tribunals or Bodies - Injunctions sought to restrain the defendant from seeking adjudication of a payment claim under the Building and Construction Industry Security of Payment Act 1999 - plaintiff party to contract with third party who subcontracted to defendant - claims made by defendant on third party under the Act - upon termination of subcontract, defendant made claim upon plaintiff - whether an abuse of the processes of the Act
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22nd December 2009C&E Jacques Partnership v Ensign Contractors Limited [2009] EWHC 3383 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication SUMMARY An adjudicator must consider defences properly put forward by a respondent in adjudication. However, it is within an adjudicator's jurisdiction to decide what evidence is admissible and what evidence is helpful in the determination of the dispute referred to that adjudicator. If, within jurisdiction, the adjudicator decides that certain evidence is inadmissible, that will rarely (if ever) amount to a breach of the rules of natural justice. The probable inability of a referring party to repay sums awarded in an adjudicator’s decision following final resolution of the dispute may render it appropriate to grant a stay of execution. It is open to the Court to impose such a stay in relation to part of the judgment sum. On the facts of this case there was a prima...
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18th December 2009Body Corporate San Miguel Community Titles Sceme 12076 v Wilcox & Ors [2009] QDC 400Body Corporate Community Title Schemes- Where plaintiff Body Corporate abridged time for holding general meeting to accept quote for urgent repairs to common property; where defendants allege that the abridgment was not fair and reasonable; where defendants fully pursued rights to challenge the decision under the Body Corporate and Community Management Act 1997 including an appeal to the District Court which was not pursued; whether decisions of Adjudicators under the Act with dismissal of appeal gives rise to an issue estoppel and/or res judicata; where defendants are not legally represented at trial but were so for appeal and filing of defence; whether meeting was lawfully held and special levy imposed for repairs valid.
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17th December 2009The Owners Strata Plan 56587 v Consolidated Quality Projects [2009] NSWSC 1476Building Contracts - Building and Construction Industry Security of Payment Act 1999 (NSW) - progress claim served on superintendent - whether service of progress claim on superintendent that is also a payment claim under the Act constitutes valid service of payment claim on owners corporation for the purpose of s 31 - no stipulation in contract authorising service of payment claim on superintendent on behalf of owners corporation - whether as a matter of practice parties objectively intended that progress claims that are also payment claims under the Act may be delivered as one document to superintendent. Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW)