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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-
1st December 2006Inten Constructions v Refine Electrical Services [2006] NSWSC 1282BUILDING AND CONSTRUCTION - where plaintiff's payment schedule and adjudication response asserted that no contract provision supported the first defendant's claim - whether adjudicator was entitled or required to consider the relevant provisions of the contract under s 22(2)(b), (d) of the Building and Construction Industry Security of Payment Act 1999 (NSW) - where adjudicator found claim to be supported by the contract - whether natural justice required adjudicator to provide the plaintiff with an opportunity to respond - where adjudicator considered plaintiff's adjudication response - where adjudicator did not expressly state reasons for rejecting plaintiff's approach - whether adjudicator acted impartially - whether adjudicator lacked good faith - application of Brodyn v Davenport [2004] NSWCA 394 - whether adjudication determination void ACTS CITED: Building and Construction Industry...
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29th November 2006Siemens Ltd v Vaughan Constructions Pty Ltd [2006] VSC 452BUILDING CONTRACTS – Claim for injunction to restrain enforcement of guarantee given under s.25(1)(b) of the Building and Construction Industry Security of Payment Act 2002 – Whether notice of dispute served on defendant commenced "other dispute resolution proceedings" under s.25(2) – Effect of notice being expressed to be "without prejudice" to rights under the contract and at law.
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24th November 2006JBK Engineering Design & Construction P/L v Brick & Block Co P/L [2006] NSWSC 1301Building & Construction Industry Security of Payment Act 1999 (NSW) - Proper construction of words "final determination of the proceedings" as used in s 25(4)(b) LEGISLATION CITED : Building & Construction Industry Security of Payment Act 1999 (NSW)
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17th November 2006Ettamogah Pub (Rouse Hill) P/L v Consolidated Constructions P/L (in liq) [2006] NSWSC 1450CORPORATIONS – Winding-up – Winding-up in insolvency – Statutory demand – Application to set aside statutory demand – Genuine dispute as to indebtedness – Offsetting and other like claims – Plaintiff and defendant, a builder, entered into building contract – Defendant lodged payment claims with plaintiff pursuant to s 13 Building and Construction Industry Security of Payment Act 1999 (NSW) – Plaintiff liable to pay defendant pursuant to s 14(4) Security of Payment Act – Defendant commenced proceedings and obtained judgment in its favour – Defendant served plaintiff with statutory demand in same amount as judgment debt – Whether seriously arguable that plaintiff entitled to relief pursuant to s 32 Security of Payment Act – Whether seriously arguable that plaintiff entitled to damages against defendant for defendant’s...
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17th November 2006John Holland P/L Ltd v RTA No2 [2006] NSWSC 1202ADMINISTRATIVE LAW - Particular Tribunals or bodies - Building and Construction Industry Security of Payment Act 1999 - Adjudicator's determination - Whether adjudicator failed to consider a submission in an adjudication application - Whether a denial of natural justice - Whether determination void ACTS CITED:Building and Construction Industry Security of Payment Act 1999
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16th November 2006Bothma D & T t/a DAB Builders v Mayhaven Healthcare Ltd [2006] TCC Bristol 6BS90599
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14th November 2006JBK Engineering P/L v Brick & Block Co P/L [2006] NSWSC 1192Building and Construction Industry Security of Payment Act 1999
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14th November 2006Thomas Vale Construction Plc v Brookside Syston Ltd [2006] EWHC 3637 (TCC)
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10th November 2006Abigroup Contractors Pty Ltd v River Street Developments Pty Ltd [2006] VSC 425BUILDING CONTRACT – Building and Construction Industry Security of Payment Act 2002 ss.9, 14, 15, 16 – Payment claim – Payment schedule – Whether service of payment claim on agent of Principal satisfied requirements of s.14(1) of the Act. PROCEDURE – Summary judgment application – Whether real question to be tried.
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7th November 2006South West Contractors Ltd v Birakos Enterprises Ltd [2006] EWHC 2794 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The absence of an express reference to mitigation in adjudicator’s decision does not mean that the adjudicator has failed to consider it and, in any event, it is not the role of the court to examine minutely the reasons for a decision to see whether an adjudicator may have made a mistake.His Honour Judge Wilcox – Queen’s Bench Division, Technology and Construction CourtBackground South West were engaged as project managers on a project to carry out conversion works to office premises pursuant to a fee agreement and a separate management agreement. The fee agreement related to the profit element of South West’s earnings, whereas the management agreement related to South West’s costs. Birakos terminated South West’s...