Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 20th December 2006
    Hutchinson J P/L v Auslat Properties P/L [2006] NSWDC 126
    Building and Construction - No payment schedule served - Whether payment schedule sufficient and valid - Whether the building works were sufficiently identified LEGISLATION CITED: Building and Construction Industries Security of Payment Act 1999 - Civil Procedure Act 2005
  • 15th December 2006
    Christos Charisiou Building Group Pty Ltd v Geopec Pty Ltd [2006] VCC 1831
    --REASONS FOR JUDGMENT Catchwords: Summary Judgment Application ­ Building and Construction Industry Security of Payment Act 2002 ­ S.14 and S.15. --APPEARANCES: For the Plaintiff For the Defendant Counsel Mr J M Shaw Mr P Franzese Solicitors Brand Partners Franzese & Associates
  • 15th December 2006
    Vis Constructions Pty Ltd & Anor v Cockburn & Anor [2006] QSC 416
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXISTENCE OF OBLIGATION – GENERALLY – application to review adjudication decision under Building and Construction Industry Payments Act 2004 – whether decision is regulated by the rules of natural justice - ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – applicants seek to have set aside adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 – under the Act the adjudicator must have regard to the construction contract – adjudicator found that there was a construction contract between claimant and builder – builder under no obligation to perform work – whether a contract existed – whether adjudicator had jurisdiction to make decision -  ADMINISTRATIVE...
  • 15th December 2006
    Cant Contracting P/L v Casella & Anor [2006] QCA 538
    BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT – IN GENERAL – where the respondent agreed to construct poultry sheds for the appellants – substantial work had been carried out before the Laidley Shire Council issued a stop work order – pursuant to the Building and Construction Industry Payment Act 2004 (Qld) the respondent sought progress payments by way of a payment claim – the appellants did not serve a corresponding payment schedule on the respondent – summary judgment was awarded against the appellants – where the appellants had filed a defence and counter-claim against summary judgment arguing that the respondent did not hold an appropriate licence at the time construction was carried out – whether the respondent was entitled to summary judgment, regardless of the fact that he may not...
  • 15th December 2006
    Brewarrina Shire Council v Beckhaus Civil P.L [2006] NSWCA 361
    CONTRACTS – building, engineering and related contracts – alleged non-compliance with contract specifications – payment claimed under s 8 of the Building and Construction Industry Security of Payment Act 1999 – whether breach of contract – measure of damages – assessment of expert evidence LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
  • 15th December 2006
    ROK Build Ltd v Harris Wharf Development Company Ltd [2006] EWHC 3573 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The referring party in an adjudication must be a contracting party to the relevant construction contract (or an assignee).  In this case, a substitution of one party for another had occurred, but no formal written assignment (as required by the contract) had taken place, therefore the court held that the referring party had no right to adjudication under the contract.His Honour Judge Wilcox – Queen’s Bench Division, Technology and Construction CourtRok applied for enforcement of an adjudication decision made pursuant to a dispute in a construction contract.  Harris Wharf contested the jurisdiction of the adjudicator on the grounds that Rok had not been the legal entity that had entered into the construction contract with Harris...
  • 8th December 2006
    Nageh v Giddings [2006] EWHC 3240 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In this case, the court took the opportunity to express its disapproval at attempts to attack the adjudicator’s jurisdiction on the basis of minor procedural gripes, which were, in the circumstances, unfounded.  His Honour Judge Coulson QC – Queen’s Bench Division, Technology and Construction CourtThis case dealt with an application to set aside a summary judgment based on an unpaid adjudication order made against the Defendants.  The court held that the application failed on procedural grounds.  Firstly, there was a long delay (over a year) in bringing the application.  Secondly, the Defendants argued that they had been unaware of the proceedings or the summary judgment.  The judge found that the Claimants...
  • 8th December 2006
    Michael John Smith t/a Michael Smith Constructions v Avibe P/L : J & S Heddle P/L [2006] NSWSC 1402
    CONVEYANCING [191]- Caveat- Extension- Money owed to builder for work done- Building contract for residential building purported to create charge over property at moment of contract- Act generally avoiding creation of charges- Significance of "hereby charges", "subject to the Act"- Charge not valid- Extension of caveat refused. LEGISLATION CITED: Building & Construction Industry Security of Payment Act, 1999 - Home Building Act, 1989, s 7D - Real Property Act 1900, s 74K
  • 7th December 2006
    Royal Tiles Constructions P/L v Park View Constructions P/L [2006] NSWDC 182
    Building and Construction - Building and Construction Industry Security of Payment Act 1999 - Service of a Payment Claim by fax - Whether fax number was at the ordinary place of business - Practice and Procedure - Summary judgment – No genuine dispute raised by Defence  LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999: s 31
  • 6th December 2006
    Veolia Water Solutions & Technologies v Kruger Engineering Australia P/L [2006] NSWSC 1406
    BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 - where new payment claim incorporates matters that have been the subject of prior adjudication – where plaintiff seeks to restrain defendant from proceeding with any adjudication application based on that new payment claim – where plaintiff asserts that prior adjudication determination is void – where any hypothetical subsequent adjudicator is bound by s 22(4) - where defendant will be barred by s 13(4)(b) of the Act from filing an additional payment claim if restrained until likely final hearing and decision – whether interlocutory relief appropriate. COSTS – where plaintiff brought application in a peremptory way – where nature of debate substantially altered – whether costs in the proceedings – no question of principle.