Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 17th October 2007
    Hadden Construction Ltd v Midway Services Limited [2007] ScotSC 58
  • 12th October 2007
    Danidale Pty Ltd v Abigroup Contractors Pty Ltd [2007] VSC 391
    CONTRACT – Lump sum contract entered into after parties negotiated on rates basis – Whether cost of excavation of rock included in the lump sum – Assessment of value of work if no agreement on rate – Two conflicting results of survey of volume of soil stripped – Whether parties bound by results of principal’s surveyor – Other factual issues.
  • 12th October 2007
    Tombleson v Dancorell Constructions P/L [2007] NSWSC 1169
    [STAY] - [SECURITY] Application to declare determination void - no application to set aside judgment - Building and Construction Industry Security of Payment Act 1999 - Whether proceedings should be stayed under s 25(4) pending payment of security by the plaintiff - whether stay should be ordered otherwise where pleadings appear to circumvent the intention of the legislation  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Civil Procedure Act 2005 -Uniform Civil Procedure Rules 2005
  • 8th October 2007
    Bezzina Developers P/L v Deemah Stone (Qld) P/L [2007] QSC 286
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – application for judicial review of decision of adjudicator made under Building and Construction Industry Payments Act 2004 (Qld) - whether parties were parties to a construction contract – whether adjudicator had valued work done under the construction contract – where second adjudicator failed to take into account s. 27 of the Act and its effect on his obligation to value the work which was the subject of the payment claim before him by giving it the same value as that previously decided in an earlier adjudication application - because of failure to apply s. 27, refusal of relief under s. 100 not appropriate- necessary extension of time under s. 26 of the JR Act granted for the making of a statutory order of review.
  • 3rd October 2007
    Leading Rule v Phoenix Interiors Ltd [2007] EWHC 2293 (TCC)
  • 21st September 2007
    Nikolic v Oladaily P/L [2007] NSWCA 252
    CONTRACTS - Construction and Interpretation - implication of terms - inconsistency with express terms - whether contract a "fixed price" or a "do and charge" contract - where variations occurred - whether extent and nature of work known with sufficient precision at time of contracting - contract for building work RESTITUTION - where valid contract exists - subsidiarity doctrine - no evidence that appellant paid for work done - where work done paid by company associated with appellants LEGISLATION CITED: Trade Practices Act 1974 (Cth)
  • 20th September 2007
    Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253
    CONTRACTS - building contract - defective or incomplete work - entitlement to costs of rectificiation - if rectification a reasonable course - consideration of principles derived from Bellgrove v Eldridge - relevance of intention to carry out rectification work or whether it will be carried out - REFEREE'S REPORT - approach to consideration of adoption.
  • 13th September 2007
    Insite Design & Development Ltd v John Cameron Sadler HC AK CIV2006-404-4528 [2007] NZHC 903
  • 12th September 2007
    Van Ek Contracting Pty Ltd v Roads Corporation [2007] VSC 336
    CONTRACT – Non-payment of adjudicated amount determined under Building and Construction Industry Security of Payment Act 2002– Security given by defendant in accordance with s.25(4) of the Act - Whether contractual provision concerning mediation and arbitration meant that defendant had commenced a proceeding within the meaning of s.25(2) of the Act – Summary judgment application unsuccessful.
  • 31st August 2007
    Boutique Developments Ltd v Construction & Contract Services P/L [2007] NSWSC 1042
    JUDGMENTS - Administrative Law - Particular Tribunals or bodies - Injunction sought to restrain the determination of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 - Whether expert reports in aid of an action against a third party insurer for defects in construction fall within the definition of "construction work" in s 5(1) or "related goods or services" in s 6(1) - Whether the jurisdiction law entitlement question should be decided by the Court Legislation Cited: Building and Construction Industry Security of Payment Act 1999