Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 23rd August 2007
    Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor [2007] QSC 220
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – EXISTENCE OF OTHER REVIEW OR APPEAL RIGHTS – where second respondent adjudicator made decision under Building and Construction Industry Payments Act 2004 – where applicant seeks review of second respondent’s decision under the Judicial Review Act 1991 – where Building and Construction Industry Payments Act 2004 provides for a speedy interim adjudication based on written information – where such adjudication does not affect any civil proceeding arising under a construction contract – whether provision is made, other than the Judicial Review Act 1991, under which the applicant is entitled to seek review of the matter by another Court – whether application should be dismissed
  • 13th August 2007
    Ozy Homewares v Wesgordon [2007] NSWSC 982
    CORPORATIONS – Application under s 459G of the Corporations Act 2001 (Cth) to set aside statutory demand – Demand relates to summary judgment obtained in Local Court pursuant to s 15 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) which precluded applicant from bringing cross-claim or raising defence to claim – Applicant has appealed judgment and disputes debt – Whether debt is res judicata precluding genuine dispute as to existence of debt where applicant prevented from putting cross-claim or defence and s 32 of the Act allows for restitution following judgment – Whether “some other reason why the demand should be set aside” under s 459J(1)(b) of the Corporations Act given the circumstances – Whether money should be paid into Court under s 459M of the Corporations Act as pre-condition to...
  • 2nd August 2007
    Melco Engineering Pty Ltd v Eriez Magnetics Pty Ltd [2007] QSC 198
    PRACTICE AND PROCEDURE – CONTRACT – PLEADINGS – UCPR r.166 – where contractual dispute as to terms and performance of contract – where respondent alleges applicant has not complied with r.166 (4) UCPR – whether applicant is deemed to have admitted facts pursuant to r.166 (5) UCPR – whether applicant must re-plead facts to comply with r.166 (4) UCPR LEGISLATION: Building and Construction Industry Payments Act 2004(Qld), cited - Uniform Civil Procedure Rules 1999 (Qld), rr. 149, 150 (4) & 166 (4) & (5), discussed
  • 30th July 2007
    Michael John Construction Ltd v St Peters Rugby Football Club [2007] EWHC 1857 (TCC)
  • 18th July 2007
    Halls Earthworks Limited (In Liquidation) v Donovan Drainage & Earthmoving Limited
  • 17th July 2007
    Pierce Design International Ltd v Johnston [2007] EWHC 1691 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit The TCC has upheld a provision entitling an employer to withhold payment without having issued a withholding notice where the contract was determined for default of the contractor.  This effectively confirms that the House of Lords decision in Melville Dundas v Wimpey is not limited to situations of insolvency and/or impossibility of issuing a withholding notice.His Honour Judge Coulson QC – Queen’s Bench Division, Technology and Construction CourtBackground The defendants engaged the claimant to carry out construction works under a contract incorporating the JCT Standard Form of Building Contract (With Contractor’s Design), 1998 edition (with amendments).  The defendants failed to pay in full a number of interim payments...
  • 12th July 2007
    Rojo Building P/Lv Jillcris P/L [2007] NSWSC 880
    BUILDING AND CONSTRUCTION - Security of payment - Authority of solicitor to sign payment claim on behalf of claimant - Progress payments - Payment claim served on defendant - Failure of defendant to provide payment schedule within time limited by the Act - Plaintiff serves notice of intention to make adjudication application - Whether plaintiff thereby made any election - Whether open to plaintiff to withdraw any election made.  LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999 - Home Building Act 1989
  • 11th July 2007
    Dunn v Glass Systems (UK) Ltd [2007] EWHC B2 (QB)
  • 10th July 2007
    Doolan & Anor v Rubikcon (Qld) Pty Ltd [2007] QSC 168
  • 10th July 2007
    JAR Developments P/L v Castleplex P/L [2007] NSWSC 737
    Service in accordance with s 109X Corporations Act 2001 (Cth) and s 31 Building and Construction Industry Security of Payment Act 1999 – effect whether determination of adjudicator void  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) ss 11, 14, 15, 17, 31, Div 2 - Corporations Act 2001 (Cth), s 109X