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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-
9th July 2007Stirling v Westminster Properties Scotland Ltd [2007] ScotCS CSOH_117
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6th July 2007Peekhrst Pty Ltd v Wallace & Anor [2007] QSC 159ADMINISTRATIVE LAW – JUDICIAL REVIEW – Generally where review sought of decision made by adjudicator under Building and Construction Industry Payment Act 2004 – Whether proper acceptance of appointment of the adjudicator – Whether adjudication application served – Whether adjudicator satisfied himself that there was service of the adjudication application – whether adjudicator biased
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4th July 2007DGT Steel & Cladding Ltd v Cubbitt Building & Interiors Ltd [2007] EWHC 1584 (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 decided that it has an inherent jurisdiction to stay proceedings issued in breach of a binding agreement to refer disputes to adjudication, so that a defending party could insist on its right to have the dispute referred to adjudication. The persuasive burden was on the party seeking to resist the stay to show good reason why the agreement to adjudicate should not be enforced. His Honour Judge Coulson QC – Queen’s Bench Division, Technology and Construction CourtBackground Cubitt, the contractor, engaged DGT, the sub-contractor, to carry out external cladding works. The sub-contract contained an adjudication clause that provided that “Any dispute, question or difference arising under or in connection...
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3rd July 2007Bluemover One Limited v The Breen Construction Company Limited & ors HC DUN CIV 2006 412 001022 [2007] NZHC 595
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29th June 2007Tyco Fire & Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd [2007] All ER (D) 86 (Jul)
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18th June 2007John Holland P/L v Roads & Traffic Authority of New South Wales [2007] NSWCA 140Construction contract - security given by contractor for performance and satisfaction of obligations - provision for partial release after practical completion if principal of opinion that it was just and equitable - in course of works adjudicated amounts (Building and Construction Industry Security of Payment Act 1999) paid - principal contended that adjudicator's determinations incorrect - claimed to recover the adjudicated amounts - decision that partial release not just and equitable because of outstanding dispute over adjudicated amounts - whether retention for a purpose not within contractual purposes of holding security - contractual mechanisms could result in contractor having to pay to principal amounts of the adjudicated amounts - was within purpose of securing satisfaction of contractor's obligations - no inconsistency with Building and Construction Industry Security of Payment...
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15th June 2007Downsouth Constructions v Jigsaw Corporate Childcare [2007] NSWSC 597BUILDING AND CONSTRUCTION CONTRACTS - where numerous payment claims relating to four different construction contracts served at once - whether open to plaintiff to make adjudication application in respect of some only of those payment claims relating to one only of those contracts - where payment claims assert matters of "defence" and matters of cross claim - where adjudication response asserts defence by way of set-off based on mutuality of dealings in respect of matters alleged by way of "cross claim" - where adjudicator concluded that the defence of set-off is not available by reason of s 20(2B) of the Building and Construction Industry Security of Payment Act 1999 - whether denial of natural justice - whether failure to exercise powers in good faith LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Civil Procedure Act 2005
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15th June 2007Tsoukatos v Mustafa [2007] NSWSC 614BUILDING AND ENGINEERING CONTRACTS – Claims under Building and Construction Industry Security of Payment Act 1999 (NSW) – Payment claim – Adjudication – Requirements for service of notice – Principles of service – Validity of service of documents addressed to the building of a party’s ordinary place of business as opposed to the precise address of the office within that building LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Civil Procedure Act 2005 (NSW)
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15th June 2007EFI Construction Pty Ltd v Gee Ha Pty Ltd [2007] NSWLC 17CATCHWORDS: Building & engineering Contracts -- Progress claims & payments – Whether defendant liable for “unpaid portion” of progress claim – Whether moneys set aside as “deposit” or appropriated by plaintiff – Whether credit note extinguishes original debt ab initio LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 ss. 3, 4, 5, 7, 8, 9, 11, 12, 13, 14 & 15.