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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14th August 2008
Ainsworth v RJ Neller Building Pty Ltd & Martin [2008] QDC 199

CATCHWORDS: Building and Construction Industry Payments Act 2004 s 3, s 18, s 24, s 100 - Uniform Civil Procedure Rules r 483 - separate determination (in building dispute with claim and counterclaim) of issue whether plaintiff was (as he asserted) "resident owner" so as to deny jurisdiction to an adjudicator under the Act

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14th August 2008
BBB Constructions P/L v Frankipile Australia P/L [2008] NSWSC 982

CORPORATIONS – creditor’s statutory demand – application to set aside demand – where debt arose under (NSW) Building and Construction Industry Security of Payment Act 1999 – offsetting claim – where parties are head contractor and sub-contractor – test for determining whether there is a genuine offsetting claim – where plaintiff alleges that defendant is liable under contract for damage to neighbouring properties due to inadequate construction work – where preliminary expert evidence suggests that defendant may have caused the damage – whether the claim is bona fide and truly existing – whether plaintiff’s financial position relevant to whether offsetting claim made in good faith – whether offsetting claim needs to be particularised as an exact amount – whether condition should be imposed that the plaintiff...

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1st August 2008
Bezzina Developers P/L v Deemah Stone (Qld) P/L & Ors [2008] QCA 213

ARBITRATION – CONDUCT OF THE ARBITRATION PROCEEDINGS – POWERS, DUTIES AND DISCRETION OF THE ARBITRATOR – GENERALLY – where the first respondent contended that the second respondent (an adjudicator) had erred in law by failing to make a bona fide attempt to value the work in a progress claim submitted to him – where s 26 of the Building and Construction Industry Payments Act 2004 (Qld) required the second respondent to decide and not to inquire when making an adjudication decision – where subsections (c) and (d) of s 26(2) required the second respondent to consider the payment claim and submissions as well as any payment schedules and any submissions in support of it in adjudicating the dispute – where the second respondent’s reasons for the adjudication decision referred to the relevant background matters, parts of the payment schedule, the...

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30th July 2008
J & Q Investments P/L v ZS Constructions (NSW) P/L [2008] NSWSC 838

BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – whether adjudicator denied party natural justice by failing to consider portions of adjudication response – whether failure to exercise powers in good faith – whether adequate reasons given for valuation of claim. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999

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25th July 2008
Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Unilateral contact with an adjudicator before his appointment may not give rise to actual or apparent bias. However, care should be taken in any contact with adjudicators and parties should avoid circumstances which might lead to the challenge of an adjudicator’s decision on those grounds. This case issues guidance for contact between parties and those resolving disputes between them. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction Court Background The parties entered into a written contract for works. The contract between the parties set out adjudication provisions including a provision stating that the adjudicator of any dispute would be appointed by RIBA. A dispute arose...

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21st July 2008
Merym Pty Ltd v Methodist Ladies College [2008] WASAT 164

Construction Contracts Act 2004 (WA) - Whether previously rejected claims amenable to adjudication by reason of superintendent's failure to certify in time - Whether decision to dismiss characterised as a decision made under s 31(2)(a) of Construction Contracts Act 200

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15th July 2008
Fleming Builders Ltd v Forrest or Hives [2008] ScotCS CSOH_103

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15th July 2008
Plaza West P/L v Simon's Earthworks (NSW) P/L [2008] NSWCA 279

BUILDING AND ENGINEERING CONTRACTS – payment claim – Building and Construction Industry Security of Payment Act 1999 (NSW) ss 9, 13, 14, 17, 22, 32 - ADJUDICATION – whether error of fact or law sufficient to vitiate adjudication – whether adjudicator fulfilled statutory task – whether denial of procedural fairness - RESTITUTION – whether discharge of debt owed to third party - LEGISLATION CITED: - Building and Construction Industry Security of Payment Act 1999 (NSW)

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15th July 2008
Kevin Lucas & KDL Building P/L v Robert Montgomery [2008] NSWDC 207

Slip rule - Can joint judgment against two defendants be corrected to separate judgments against each? - Stay pending appeal - Capacity of defendant to pay LEGISLATION CITED: r 36.17 Uniform Civil Procedure Rules 2005 - s56 Civil Procedure Act 2005 - ss 92, 94 Home Building Act 1989

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4th July 2008
Thiess P/L v Lane Cove Tunnel Nominee Co P/L [2008] NSWSC 729

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 1999 (NSW) - Section 14(4)(b)(i) & (ii) - whether relevant construction contract requires different time for provision of payment schedule from 10 business days otherwise required LEGISLATION CITED: Building and Construction Industry (Security of Payment) Act 1999 NSW - Trade Practices Act 1974,

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