Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 28th April 2008
    John Holland P/L v Made Contracting P/L [2008] NSWSC 374
    CONSTRUCTION – CONTRACT – procedure for adjudication under Building and Construction Industry Security of Payment Act 1999 – whether withdrawal of adjudication application valid – whether adjudicator failed to determine adjudication application – whether entitlement to make new adjudication application established – whether claimant estopped from making new application – whether adjudicator’s determination of new application void – statutory constructionLEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999
  • 21st April 2008
    T & T Fabrications Ltd v Hubbard Architectural Metal Work Ltd [2008] EWHC B7 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit On the facts of this case, it was unclear on the evidence before the Court as to whether all the terms of the contract were in writing for the purposes of  section 107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”) and hence whether the adjudicator had jurisdiction.  It followed that the adjudicator’s decision would not be summarily enforced. Technology and Construction Court, HHJ Wilcox Background T&T Fabrications (“T&T”), a small family firm, entered into a contract with Hubbard Architectural Metal Work Limited (“Hubbard”) relating to the receipt and installation of a number of atrium bridges, staircases and other metalwork.  Hubbard disputed three invoices...
  • 21st April 2008
    Moroney & Anor and Murray River North Pty Ltd [2008] WASAT 111
    Construction contracts - Grounds for dismissal without considering the merits - Jurisdiction - Must each of the grounds for dismissal be considered - When does a payment dispute arise - Implications if a construction contract is not in writing - Implied terms of a contract - What are the review functions of the Tribunal in matters arising from construction contracts - Can the Tribunal substitute a decision of the adjudicator with its own decision
  • 17th April 2008
    Aedas Architects Ltd v Skanska Construction UK Ltd [2008] ScotCS CSOH_64
  • 17th April 2008
    O'Donnell Griffin Pty Ltd v John Holland Pty Ltd [2008] WASC 58
    Building and construction - Payment dispute - Security of payment legislation - Determination by adjudicator under Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgment of the Supreme Court - Principles governing the exercise of discretion to grant leave Legislation: Construction Contracts Act 2004 (WA), s 43
  • 17th April 2008
    Taylor Woodrow v RMD Kwickform [2008] EWHC 825
  • 14th April 2008
    Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty Ltd & Ors [2008] QSC 58
    CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – ADJUDICATION – payments – appeal from decision of an adjudicator – validity of a decision about entitlement to a progress payment – entitlement to progress payment where no extension of time was claimed CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS – entitlement to progress payments – entitlement to delay costs – where parties have modified the standard conditions of contract CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS – entitlement to extensions of time – power of Superintendent to grant extensions of time – effect of modification of the standard terms upon the powers of the Superintendent
  • 14th April 2008
    BSF Consulting Engineers Ltd v MacDonald Crosbie [2008] All ER (D) 171 (Apr)
  • 11th April 2008
    Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor [2008] QCA 83
    APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the second respondent adjudicator made a decision under the Building and Construction Industry Payments Act 2004 (Qld) – where the primary judged dismissed the applicant’s application for a statutory order of review of the decision – where the underlying object of the Building and Construction Industry Payments Act 2004 (Qld) is to provide a mechanism for swift interim adjudications – where the court may dismiss an application for judicial review where it would be “inappropriate” to grant the application under s 48 Judicial Review Act 1991 (Qld) – whether the application for leave to appeal under s 13(b) Judicial Review Act 1991 (Qld) should be dismissed
  • 11th April 2008
    Brian Leigh Smith v Coastivity Pty Ltd [2008] NSWSC 313
    BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether a construction contract to which the Act applied existed – definition of “related goods and services” – whether consideration for related goods and services was calculated other than by reference to the value of the goods and services supplied – whether discretionary grounds exist to warrant withholding the grant of declaratory and injunctive relief. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (the Act) - Landlord and Tenant (Amendment) Act (1948) - Racial Discrimination Act 1975 (Cth) - Strata Titles Act 1969 -Workers Compensation Act 1987 (NSW)