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A 05 : Bigbutton.Com Short list of Adjudication cases - Australian - New Zealand & UK - summaries and links.

A 06 : Fenwick Elliott Grace Australian Adjudication Cases - summaries and links.

Alcan Gove Development Pty Ltd v Thiess Pty Ltd [2008] NTSC 12 Original construction agreement – subsequent agreement adding extras – same parties – whether variation of original agreement or new agreement – when contract made – intention. Angel J. Supreme Court Northern Territory. 10th March 2008.

Boutique Venues P/L v JACG P/L [2007] NTSC 5 CORPORATIONS LAW – Corporations Act (Cth) - construction contract – Construction Contracts (Security of Payments) Act 2004 (NT) - payment dispute - application to set aside creditor’s statutory demand – payment of progress claims – failure to issue progress certificates – whether genuine dispute and offsetting claim established – amount of statutory demand varied. Southwood J. 5th February 2007.

Cavanah v Advance Earthmoving & Haulage P/L [2008] FMCA 427 Bankruptcy notice – set aside – judgment upon which the notice was founded was not a final judgment – counter-claim – set-off or cross-demand. Burnett FM. 18th April 2008

Cook (W) Builders P/L (in liq) v Matthew Lumbers [2007] SASC 20 Unlicensed building company precluded by s 39 BLA 1986 (SA)from recovery for breach of contract - whether company could recover on a quantum meruit basis in restitution based on unjust enrichment - elements of unjust enrichment considered - whether the land owners had received an incontrovertible benefit for the purpose of determining whether there had been an unjust enrichment.HJ Sulan, HJ Vanstone & HJ Layton. 30th January 2007.

Gaymark Investments v Walter Construction Group (1999) NTSC 143 Whether in absence of application for an EOT - a contractor is liable for LADS where employer has prevented the contractor from completing on time. Appeal - commercial arbitration act - cross-appeals - applications for leave to appeal - decision of arbitrator. Supreme Court. Northern Territory. Bailey J. 20th December 1999.

Independent Fire Sprinklers (NT) P/L v Sunbuild P/L [2008] NTSC 46 Construction contract – adjudicator’s determination – subsequent judgment – whether judgment should be stayed or set aside – whether adjudicator has jurisdiction to determine whether the application was served within time – whether determination void – whether other relief available to the plaintiff – Construction Contract (Security of Payment Act (NT) – summons dismissed with costs. Mildren J. 14th November 2008

Protectavale P/L v K2K P/L [2008] FCA 1248 BCISPA 2002 (Vic) – payment claim – whether construction work sufficiently identified – whether claim was for progress payment or final payment – payment schedule – whether several documents in aggregate can satisfy the requirement when not intended to be schedule : Practice & Procedure : summary judgment – whether disputed points of law may be finally resolved on motion for summary judgment. Trusts : payment of retention moneys into separate account – conditional trust. Finkelstein J. 19th August 2008

Sandos Painting P/L v Southern NSW Maintenance P/L (In Liquidation) [2007] FCA 975 CORPORATIONS – application to set aside statutory demand – whether prospective or contingent liability – whether genuine dispute as to whether s 569 Corporation Act 2001 (Cth) operates. Justice Emmett. 29th June 2007

Trans Australian Constructions P/L v Nilsen (SA) P/L & Ford Cameron [2008] NTSC 42 Construction Contracts (Security of Payments) Act (NT) – whether the appointed adjudicator made his determination in accordance with the requirements of the adjudication process fixed by the Act – whether adjudicator failed to determine issue raised – whether a valid “payment claim” existed under the contract and within the meaning of the Act to give rise to a “payment dispute” – claims dismissed. Southwood J. 15th October 2008


Tru Floor Service Pty Ltd v Jenkins [2006] FCA 119 1. The plaintiffs have leave to file and serve an amended statement of claim in the form handed to the Court on 17 February 2006 as affected by the matters referred to in paragraph 6 of the Reasons herein. 2. The plaintiffs have leave to file and serve a reply in the form handed to the Court on 17.2.2006. 3. The defendants file and serve their contentions of fact and law and any further amended defence on or before 24.2.2006. 4. The plaintiffs pay the defendants? costs of the applications made on 17.2.2006.
Federal Court of Australia, Victoria District Registry. Sundberg J : 20th February 2006.

Vatera P/L v Meribal Interiors NSW P/L [2008] FCA 404 CORPORATIONS LAW – insolvency and administration – deed of company arrangement – application seeking termination of deed – cross-claim seeking declaration of validity of deed – false or misleading information contained in administrator’s report to meeting of creditors – deficiency in notice of meeting to creditors – terms of deed in unsatisfactory form – whether any proper reason for not making order for termination of deed and winding up of company. Gyles J. 1st April 2008


 
     
       
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