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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 May 2008Donovan Drainage and Earthmoving Limited v Halls Earthworks Limited (in liq) [2008] NZCA 135
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19th May 2008Owen Pell Limited v Bindi (London) Limited [2008] EWHC 1420 (TCC)
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16th May 2008Calsun v Lovton [2008] NSWDC 74BUILDING & CONSTRUCTION security of payment - payment claim for construction work - whether properly categorised as one for damages for breach of contract - claim for work undertaken during defects liability period - whether permitted by the contract LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
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16th May 2008Ontrac v BHCF [2008] NSWDC 76BUILDING & CONSTRUCTION security of payment - content of valid payment claim - service of payment claim- LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth) Evidence Act 1995
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9th May 2008Cubitt Building & Interiors Ltd v Richardson Roofing (Industrial) Ltd [2008] EWHC 1020 (TCC)Provisions seeking to make adjudication the first point of call for parties seeking to resolve a dispute should have clear wording to that effect. It is clear from this case that care should be taken when drafting dispute resolution clauses, particularly where different methods of dispute resolution are being offered. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction Court Background The claimant engaged the defendant as roofing sub-contractors at a building site. The claimant claimed, after completion of the works, that the defendant was guilty of culpable delay which gave rise to the defendant seeking an extension of time. A question of whether certain terms and conditions were incorporated into the sub-contract was referred to adjudication, but was then aborted. A second adjudication was started by the defendant addressing...
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9th May 2008Brian Leigh Smith v Coastivity P/Ld [No.2] [2008] NSWSC 450COSTS – follow the event – no question of principle. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
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7th May 2008Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty Ltd [2008] QSC 128
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6th May 2008Trysams P/L v Club Constructions (NSW) P/L [2008] NSWSC 399BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – adjudicator’s consideration of a issue not raised by parties – parties denied opportunity to put submissions on issue – whether issue material to determination – whether denial of natural justice – adjudicator’s failure to consider relevant contractual provisions – power of Court to order adjudicator to reconsider adjudication application. LEGISLATION CITED: - Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment Amendment Act 2002 - Civil Procedure Act 2005 - Supreme Court Act 1970
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29th April 2008Page & Macrae Limited v Real Cool Limited & Real Cool Holdings Limited HC TAU CIV 2007-404-5774 [2008] NZHC 600
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29th April 2008Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [2008] EWHC 933 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where an adjudicator makes a decision against a party to whom liquidated damages are due, there may not be a right to set-off open to that party. For there to be a right to set-off the parties should raise that issue as part of the adjudication to avoid it falling outside the adjudicator’s jurisdiction. Her Honour Judge Kirkham – Queen’s Bench Division, Technology and Construction Court Background The claimant and defendant were parties to a building contract (which was terminated on 14 September 2007), in relation to which a dispute arose. This dispute was referred to adjudication. The adjudicator decided that money was owing to the claimant. The claimant sought to enforce the decision and also applied...