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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-
13th November 2007ACN 001 891 103 Pty Ltd v Reiby Street Apartments Pty Ltd [2007] NSWSC 1345CORPORATIONS – Statutory demand – Portion of debt owed a judgment debt – Appeal from judgment pending – Application to set aside under s 459J(1)(b) for “some other reason” – Where Court of Appeal granted stay of execution of judgment on terms that plaintiff provide security within 21 days and plaintiff did not comply with terms – Held no sufficient “other reason” within meaning of s 459J(1)(b) – Application dismissed. LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Corporations Act 2001 (Cth)
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1st November 2007Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2007] NSWSC 941Building and construction adjudication pursuant to s 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) – Whether adjudicator breached basic and essential requirements of the Act to consider all submissions duly made – Whether adjudicator failed to make a bona fide attempt to exercise his powers under the Act – Whether plaintiff denied measure of natural justice required under the Act – Nature, gravity and effect of adjudicator’s error relevantLEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)
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1st November 2007Moorside Investments Ltd v DAG Construction Ltd [2007] Lawtel AC0115735
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30th October 2007Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd No 2 [2007] EWHC 2507 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court has a statutory discretion as to what interest is payable on sums awarded by an adjudicator from the date upon which the cause of action arises until the date on which judgment is given. The cause of action in an enforcement application of an adjudicator’s decision is the failure by the unsuccessful party to comply with that decision, therefore that will be the date from which the Court has discretion to award interest. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction CourtBackground Ringway was awarded summary judgment enforcing an adjudicator’s decision relating to payment against Vauxhall (please click here to read a summary of that decision). It was held by Mr Justice Akenhead...
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25th October 2007Firedam Civil Engineering v KJP Construction [2007] NSWSC 1162BUILDING AND CONSTRUCTION - progress payments - Building & Construction Industry Security of Payment Act - service of payment schedule - service under Corporations Act - relevance of evidence of non-receipt by director of claimant - adjudicator disregards adjudication response on ground that payment schedule was not provided because not received by claimant's director - errors of law - denial of natural justice - whether relief should be by declarations and injunctions or orders in nature of certiorariLEGISLATION CITED: Acts Interpretation Act 1901 (Cth) s 29 - Building & Construction Industry Security of Payment Act 1999 (NSW) ss 3, 4, 13, 14, 15, 17, 20, 22, 27, 31 - Corporations Act 2001 (Cth) s109X
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25th October 2007Treasure & Son Ltd v Dawes [2007] EWHC 2420 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An oral variation to a construction contract (to which the HGCRA did not apply because it related to a residential development) was held not to, of itself, undermine the contractual adjudication process or preclude the adjudicator from having jurisdiction. Furthermore, the lack of signature on the adjudicator’s decision did not invalidate that decision. Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction Court Background Treasure was appointed to carry out refurbishment and restoration works at Dinmore Manor by Mr Dawes under a contract incorporating the JCT Standard Form of Prime Cost Contract (1998 Edition with amendments 1 and 2). Practical Completion of the works was certified in December 2004,...
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23rd October 2007Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd No1 [2007] EWHC 2421 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A dispute over payment was held to have crystallized when, following an application for interim payment under the contract by the contractor, no valid withholding notice was issued by the employer. A common sense application of the existing case law on “no dispute” arguments was taken.Mr Justice Akenhead – Queen’s Bench Division, Technology and Construction CourtBackgroundVauxhall employed Ringway to construct a new vehicle distribution centre and various associated works under a contract incorporating the JCT Standard Form of Contract With Contractor’s Design (1998 Edition). Substantial delays occurred on the project which, according to Ringway, resulted from factors for which they were not responsible. ...
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23rd October 2007Reed Constructions Australia Ltd v DM Fabrications Pty Ltd [2007] NSWSC 1190CORPORATIONS - voluntary administration - deed of company arrangement - where deed refers to obviously incorrect date - whether correct date may be substituted as a matter of constructiion - statutory force and effect of deed indicate rectification by order under s.447A - CORPORATIONS - deed of company arrangement - substantive application for order terminating or avoiding deed - application for interlocutory injunction restraining enforcement of judgment against subject company - where company had judgment created by Building and Construction Industry Security of Payment Act - where judgment debtor asserted greater claim provable under deed of company arrangement - operation of s.553C LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999, s.25 - Corporations Act 2001 (Cth), Parts 5.3A, 5.6 Division 6, ss.444A(4)(i), 444B(2), 444B(6), 444D, 444G, 445D,...
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22nd October 2007Greg Beer T/A G&L Beer Covervreteing v JM Kelly (Project Builders) Pty Ltd [2007] QDC 242Construction of “licence of the appropriate class” in s 42 of the Queensland Building Services Authority Act 1991 – whether read subject to restrictive conditions - Building and Construction Industry Payments Act 2004 Uniform Civil Procedure Rules 1999 - Cant Contracting Pty Ltd v Con Casella & Anor [2006] QCA 538 referred to - CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384, applied.