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Cases listed in reverse date order starting with the most recent. Last updated 4th August 2008

AKV2 Ltd v Auckland Concrete Homes Ltd [2008] HC AK CIV 2008-404-005972 Construction contract payment dispute - subject to a s21 CCA payment schedule. Successful application for an order removing a caveat lodged by the respondent (ACH) over AKV2’s land in lieu of an offer to lodge the sum sought under the final payment certificate into an interest bearing account pending resolution of the dispute. Arbitration of payment dispute pending. Associate Judge Abbott. 24th October 2008

AMC Construction Ltd v Frews Contracting Ltd [2008] NZCA 389 Winding proceedings : Non-payment of progress payment : Held at first instance that cross claim not made out. Appeal : Confirmed cross claim not made out. Construction adjudication not pursued and no longer applicable. Glazebrook, Fogarty and MacKenzie JJ. 25th September 2008.

Arnold Jensen (2005) Ltd v Trevor James Bills [2008] HC CHCH CIV 2008-409-001349 Alternative means of service : Whether allowed where a party has already made an election? Whilst potentially an interesting point, court refused application to appeal since amount involved insufficient to justify the expense. Fogarty J. High Court New Zealand, Christchurch Registry. 26th November 2008.

Bentzen Farm Ltd v Bayley [2008] HC WHA CIV-2008-488-653 Whether or not interim relief available in respect of a Construction Contracts Act action. Hansen J. 22nd September 2008

Bergin v North Shore City Council HC AK CIV 2006-404-2295 Leaky Home : Whether developer owes purchasors a duty of care to take reasonable steps to ensure that any building work complied with the minimum standard set by the Building Act 1991 and that it was carried out to a workmanlike standard. Whether devloper owes a duty of care for work done by contractors. Andrews J : High Court of New Zealand, Auckland Registry. 5th April 2007

Bill Hamilton v Disputes Panel [2008] 2007-412-000861 Jurisdiction : disputes panel : District Court : Claim for misrepresentation : counterclaim for partial payment of progress payment. Cost plus contract - estimated time overun allegedly due to design problems : cost overrun. Panckhurst J : High Court, New Zealand, Dunedin Registry. 8th October 2008.

Bluemover One Ltd v Breen Construction Co Ltd [2007] HC DUN CIV 2006 412 001022 Costs of successful challenge to the appointment of an adjudicator in respect of construction works not supported by a written contract. Associate Judge Christiansen. 3rd July 2007

Body Corporate 188529 v North Shore City Council HC AK CIV 2004-404-3230 Weathertight Litigation. Heath J. High Court, Auckland. 30th April 2008.

Brooklyn Holdings v Able Handyman Services [2005] NZ HC, CIV2005-485-1362). An action for statutory demand set aside. Court made no reference to the CA decision of George Developments v Canam Construction. Allegations of set off and solvency raised to resist the demand. Echoing the TUFF case - conclusion must be that Summary Enforcement is the correct manner to enforce a Construction Contract claim. (Commentary by J.G.Walton.) His Honour Associate Judge Gendall. High Court Wellington. NZ. 13th September 2005.

Carlos Concepts Ltd v Rockford Construction Services Ltd [2007] HC AK CIV 2006-404-006516 Costs : Application for enforcement of statutory demand re construction contract set aside - pending adjudication of payment claim. Costs deferred till the end of the dispute resolution process. Associate Judge J P Doogue : High Court, New Zealand. Auckland Registry : 31st May 2007

Commercial Reveivables Ltd v William John & Catherine May Thompson[2007] HC AK CIV2006-404-3036 Application for summary judgement in reliance on a revolving credit facility agreement entered into between the former plaintiff, Nationwide Finance Limited, and the Thompsons in February 2005, a subsequent arrangement they made to provide for Nationwide to make payments from the facility to a company called Okley Construction Company Limited.Associate Judge H Sargossom : High Court, New Zealand, Auckland Registry. 14th September 2007

Concrete Structures NZ Ltd v Michael D Palmer & Moncur Engineering Ltd [2006] NZHC 342 Application for judicial review brought against an adjudicator under the Construction Contracts Act 2002 in respect of an award on interest. Oral Judgement : Baragwanath J : High Court of New Zealand. Rotorua Registry. 6th April 2006.

Construction Service Co Ltd v Wellington Waterfront Ltd [2006] CIV-2006-485-1117 Right to progress payments ends upon termination of contract : Payment then due on final account. Where sub-contractors paid directly - contractor not entitled to progress payments due to the sub-contractors. Gendall J. High Court NZ. Wellington Registry. 13th September 2006

Dicks v Hobson Swan Construction Ltd (in liquidation) [2006] HC AK CIV 2004-404-1065 Liability of contractor / local council for a leaky home. Baragwanath J : High Court, New Zealand, Auckland Registry. 22nd December 2006

Donovan Drainage & Earthmoving Ltd v Halls Earthworkds Ltd (in liquidation) [2008] CA CA463/07 Successful application for extension of time, over and beyond the statutory six months time limit, for the appeal against a successful summary enforcement action in respect of an adjudication decision. CA before William Young P, Glazebrook and Baragwanath JJ. 23rd May 2008

Dustin v Weathertight Homes Resolution Service [2006] NZHC 564 Application for judicial review of a Weathertight adjudication decision. High Court. New Zealand. Auckland Registry. Courtney J. 25th May 2006

Dustin v Weathertight Homes Resolution Service [2006] NZHC 759 Costs Judgement. High Court. New Zealand. Auckland Registry. Courtney J. 3rd July 2006

Esoon Ltd v Grieve & Jollands [2007] NZHC 16 Insolvency : Set off. Liquidators must take note of and comply with debts established by an adjudication and cannot set that debt off against other claims. Heath J. HIgh Court. District Registry. Auckland. 7th February 2007

Everest v Schwass No1 [2005] NZHC 70 Weathertight / leaky building adjudication : Failed application by defendant for summary judgement. Associate Judge D I Gendall : High Court of New Zealand, Wellington Registry. 28th September 2005

Everest v Schwass No2 [2005] NZHC 308 Leaky building. Costs Judgement. Associate Judge D I Gendall : High Court of New Zealand, Wellington Registry. 30th November 2005

Freemont Design & Construction Ltd v Natures View Joinery Ltd t/a Nebulite Waikato [2006] NZHC 866 Applications to set aside statutory demand pursuant to adjudicator's award. Associate Judge Faire. High Court of New Zealand. Hamilton Registry. 26th July 2006.

G F Parsonage & T J Goulding v J C Laidlaw & C A Laidlaw HC AK CIV 2007-404-004484 Weathertight Homes litigation. Judge Abbott. High Court Auckland. 30th April 2008

George Developments Ltd v Canam Construction Ltd [2005] NZCA 84 Unsuccessful appeals from a judgment of Associate Judge Christiansen, High Court at Auckland on applications by, respectively, the appellant and the respondent, for summary judgment. The two applications were heard together. New Zealand Court of Appeal before Anderson P, O'Regan and Robertson JJ. 12th April 2005.

Gilmer (10) Ltd v Tracer Interiors & Construction Ltd [2005] NZHC 332 The relationship between the winding up provisions of the Companies Act 1993 on the one hand, and Sections 19 to 24 and Section 79 Construction Contracts Act 2002 Associate Judge D.I. Gendall. High Court, New Zealand, Wellington Registry. 6th December 2005.

Gulf Harbour Investments Ltd v Gulf Harbour Ltd (formerly Global Yacht Finishers Ltd) [2006] NZHC 239 Application for statutory demand in respect of sums due and owing by the applicants pursuant to payment claims under the Construction Contracts Act 2002. Application to set aside statutory demands. Associate Judge Christiansen. High Court. New Zealand. Auckland Registry. 16th March 2006.

Halls Earthworks Ltd (in liquidation) v Donovan Drainage & Earth Moving Ltd [2007] HC WHA CIV 2007-488-000144 Fraud in procurement of contract / decision : Payment Schedule - whether any issued : Enforcement of adjudication. Faire J. 18th July 2007

Halls Earthworks Ltd (in liquidation) v Donovan Drainage & Earthmoving Ltd CIV 2007-488-000144 Costs hearing in relation to prior enforcement hearing : All costs enforced. Attempt to postpone costs assessment until an attempted judicial review of the adjudication had taken place repelled. Associate Judge Faire [on application for costs] High Court, New Zealand, Whangarei Registry. 10th August 2007.

Hartley v Balemi [2007] HC AK CIV 2006-404-002589 Leaky Homes Claim. UNDER the Weathertight Homes Resolution Services Act 2002 ("the Act") IN THE MATTER OF an appeal pursuant to sections 44 and 45 of the Act from a determination of Adjudicator A M R Dean dated 11 April 2006. STEVENS J : High Court of New Zealand, Auckland Registry. 29th March 2007.

Heb Contractors Ltd v Redhill Development (NZ) Ltd [2008] HC AK CIV 2008-404-004398 Discontinuance : Costs : Payment claim action and summary judgment application dicontinued, case referred to arbitration. Costs of discontinued hearings fall by default to the discontinuing party. J.P. Doogue. Auckland. 7th November 2008.

Holmes Construction Wellington v Rees & Laywood [2007] HC AK CIV 2006-404-4219 Insolvency ? set aside bankruptcy notice. Where an application for to have an adjudicator?s determination entered in as a judgement debt is opposed, there should be a hearing. The matter however had been dealt with as a paper only application. In this application to set aside bankruptcy notices the court ordered an adjournment pending appeal or application to set aside the judgement debt entry. This is essentially a continuation of the Willis Trust litigation. Faire J. AJ. Associate Judge. High Court District Registry New Zealand. Auckland. 9th February 2007

Insite Design & Development Ltd v John Sadler No1 [2007] HC AK CIV2006-404-4528 Set off : Asserts an outstanding claim not available under the Construction Act filed in High Court : Held : Claim could not be used to avoid bankruptcy for non-payment of the progress payment due under the Act. Judge H Sargisson : High Court of New Zealand, Auckland Registry. 27th April 2007.

Insite Design & Development Ltd v John Sadler No2 [2007] HC AK CIV2006-404-4528 Applications seeking: a) An order recalling my judgment of 27 April 2007, in which I declined to set aside the bankruptcy notice served on Mr Sadler by the judgment creditor, Insite. b) In the alternative, the review of that judgment and an order setting it aside. c) In the alternative, an order staying the judgment pending determination of any application for review and/or appeal. d) An order that a transcript of the hearing of the application to set aside the bankruptcy notice be made available. e) An order that costs be reserved on the application. Associate Judge Sargisson : High Court, New Zealand, Auckland Registry. 13th September 2007

Jian Hua Property Ltd v Freemont Design & Construction Ltd [2006] NZHC 77 Application to set aside statutory demand in relation to a progress payment. Interim judgment of Associate Judge Doogue : High Court of New Zealand. Auckland Registry. 16th February 2006.

Jian Hua Property Ltd v Freemont Design & Construction Ltd No2 [2006] NZHC 295 Costs Judgement. Associate Judge J P Doogue : High Court of New Zealand. Auckland Registry. 29th March 2006.

John Holland P/L v Made Contracting P/L [2008] NSWSC 374 Procedure for adjudication under BCISPA 1999 – whether withdrawal of adjudication application valid – whether adjudicator failed to determine adjudication application – whether entitlement to make new adjudication application established – whether claimant estopped from making new application – whether adjudicator’s determination of new application void – statutory construction. Nicholas J. 28th April 2008

Kay v Dickson Lonergan Ltd [2006] NZHC 605 Weathertight Homes Resolution Services Act 2002 adjudication. High Court. NZ. Auckland Registry. Ellen France J. 31st May 2006

Kells v Auckland City Council [2008] ORS HC AK CIV 2008-404-1812 Appeal against jurisdictional ruling or Weathertight Homes Tribunal adjudication / application for judicial review - Held : not appropriate to engage in judicial review to circumvent absence of right to appeal particularly in respect of interlocutory matters. Asher J. High Court, New Zealand. Auckland Registry. 30th May 2008

Kizer Builders Limited v OEC Construction Limited [2006] NZHC 1432 Statement of Claim seeking an order to place the defendant company into liquidation. The grounds for this were that the defendant had failed to comply with a statutory demand. Temporary stay removed. The plaintiff is free to proceed with advertising of this liquidation application. Associate Judge D.I. Gendall : High Court of New Zealand. Wellington Registry. 11th November 2006.

MA Coles v B Barnett [2008] HC NAP CIV 2008-441-422 Summary enforcement application in lieu of adjudication. Undisputes element enforced. Remainer and counterclaim / set off deferred to trial. Home build - intended to be fixed price - but no price determined due to continual variations. Associate Judge D.I. Gendall. High Court New Zealand, Napier Registry. 10th October 2008

Marsden Villas Ltd v Wooding Construction Ltd [2006] NZHC 569 Validity of payent claims and schedules - implications of failure to issue. Asher J : High Court. New Zealand. Auckland Registry. 25th May 2006.

Metalcraft Industries Ltd v Christie [2007] NZHC 52 Payment Schedule : Meaning of. Appeal against refusal of summary enforcement. High Court of NZ. Whangarei Registry. Harrison J. 15th February 2007

Nationwide Building Certifiers Ltd v Hamish Hey [2007] CIV-2006-404-1052 Weathertight Homes : Multi-party action - owners of multi-occupancy premises - separate actions ordered - cases transferred to Weathertight Tribunal : Costs of appeal. Rodney Hansen J : High Court, New Zealand, Auckland Registry. 22nd June 2007

Page & MacRae Ltd v Real Cool Ltd HC TAU CIV 2007-404-5774 Adjudicator gave permission to issue a charging order under s 49 of the Act, and order duly entered into in the High Court. Claimaint notified court of the decision in Laywood and Rees v Holmes Construction Wellington Ltd that only the Distict Court could enter a charging order. Court noted an appeal pending in Laywood. Determined to continue order pending application to District Court. Heath J. 29th April 2008.

Parker Construction Management (NZ) Ltd v Aden Electrical Ltd [2006] NZHC 61 Application to set aside statutory demand regarding supply of electrical goods and services. Associate Judge D.I. Gendall : High Court. New Zealand. Wellington Registry. 13th February 2006.

QC Construction Ltd v Apt Tiling Ltd [2006] NZHC 537 Statutory demand : Validity of progress payments conceeded. However, court declined to put debtor into liquidation - evident there was an ability to pay. Associate Judge J P Doogue : High Court, New Zealand. Auckland Registry. 19th May 2006.

R T Phillps v Petrou [2007] HC AK CIV 2007-404-001771 Application to transfer proceedings to the Weathertight Homes Tribunal. Associate Judge Abbott : High Court, New Zealand, Auckland Registry. 5th October 2007

Saint-Alexis v Hanna [2008] HC BLE CIV 2008 406 108 Appeal against summary judgment in respect of a progress payment. demonstrated that the claimant trustee was not the legal entity entitled to payment. Cross action against the claimant pending. Appeal successful. Claim and counterclaim to be heard by the district court. DOBSON J. High Court New Zealand. Blenheim Registry. 24th June 2008.

Salem Limited v Top End Homes Limited [2005] NZCA169/05 Failed appeal against the High Court judgement enforcing payment for a construction contract. Salem had already conceded in the lower court that there had been a valid claim. (see also later revised judgement April 2006 in relation to costs) Court of Appeal. New Zealand. William Young P, O'Regan and Panckhurst JJ. 12th December 2005.

Salem Limited v Top End Homes Limited [2006] NZCA 45 Construction payment dispute. Recall of judgment of 12 December 2005 in relation to the costs award. Upon reconsideration, the appellant is ordered to pay costs of $3000 with usual disbursements. Court of Appeal. New Zealand. William Young P, O'Regan and Panckhurst JJ. 4th April 2005.

SCI Development & Construction Ltd v NZ Built Ltd [2005] NZHC 480 Application to set aside a statutory demand issued by the defendant, claiming amounts outstanding under a construction contract Associate Judge. D.H. ABBOTT : High Court New Zealand. Auckland Registry. 23rd December 2005.

Silverpoint International Ltd v Wedding Earthmovers Ltd [2007] HC AK CIV 2007-404-104 Insolvency : application to set off four statutory demands - two of which related to payment appliactions under the Construction Contracts Act 2002. Associate Judge Doogue. High Court, New Zealand, Auckland Registry. 30th May 2007

Stellar Projects Ltd v Nick Gjaja Plumbing Ltd [2006] NZHC 369 Successful challenge to the appointment procedure for an adjudicator. Venning J : High Court. New Zealand. Auckland Registry. 10th April 2006.

Struthers v Patterson Co-Partners Architects Ltd [2007] HC AK CIV-2003-404-3232 Successful strike out actions by HM AG (successor to Building Industry Association[BIA] & Branz in respect of tortious claims for breach of Fair Trading Act 1986 in respect of a leaky home. Frater J : High Court, Auckland. 30th May 2007

Sugulogovale & Sanielo Suaniu v Hi-Qual Builders Ltd CIV 2008-404-001576 Unsuccessful application to set aside summary judgement enforcing an adjudicator\'s decision for payment of final account and variations - and application to set down hearing on standard track. Justice Wylie. 26th June 2008

Tayler v LaHatte [2008] HC AK CIV 2007-404-6843 Enforcement / set aside of adjudication determination : Irregularities in conduct of site visit : Reliance by lay-adjudicator (non-construction expert) on opion of value of remedial works - failure to appoint a joint expert. Stevens J. High Court New Zealand, Auckland Registry. 24th June 2008

TGC Properties Ltd v Freemont Design & Construction Ltd [2006] NZHC 370 Consequence of not issuing a payment schedule in response to a lawful - though allegedly incorrectly calculated notice for payment. Associate Judge J B Doogue : High Court. New Zealand. Auckland Registry. 10th April 2006.

Top End Homes Ltd v Salem Ltd [2005] NZ. Adj.Soc Successful application for summary judgment - pursuant to a construction contract. Oral judgment of Venning J. High Court NZ Whangarei Registry. 19th July 2005. Subscription Service.

TUF Panel Construction Ltd v Robert Ernest Capon [2004] NZ : Adj.Soc. In the absence of a payment schedule pursuant to the Construction Contracts Act in response to an invoice, the sum demanded became a debt enforceable by summary judgment. The opportunity to raise issues as to whether the debt was owed by an individual qua director or by the company was provided by the payment schedule facility. The defendant did not avail themselves of this. It was now too late. Judge D.M.Wilson QC. NZ. District Court North Shore. 15th March 2004. Subscription Service.

Westnorth Labour Hire Ltd v SB Properties Ltd [2006] NZHC I630 Heading a letter purporting to be a payment schedule Without Prejudice does not contradict scheme. In absence of negotiation offer it is not privileged. An indication that nothing is due satisfies the statute. Due date is within 20 working days even if under contract payment is due before then. Rodney Hansen J. High Ct. NZ. Auckland Registry. 19th December 2006

Willis Trust Co Ltd v Green No1 [2006] NZHC 154 Stay of enforcement of adjudicator's decision : Stakeholder account payment. : Rhys Harrison J : High Court. New Zealand. Auckland Registry. 1st March 2006.

Willis Trust Co Ltd v Green No2 [2006] NZHC 571 Challenge to an adjudicator's decision. Harrison J : High Court. New Zealand. Auckland Registry. 25th May 2006.

Winslow Properties Ltd v Wooding Construction Ltd [2006] NZHC 1584 Letter accompanying a claim to be read with claim for purposes of Construction Act. Claim addressed to nominated correspondent satisfies service requirements. Progress payment to be effective must be made within 10 working days. Cooper.J. High Ct. NZ. Auckland. 14th December 2006

Winslow Properties Ltd v Wooding Construction Ltd [2007] HC AK CIV 2006-404-004969 Application to appeal against decision that service on persons identified in contract fulfils statutory service requirements : and against a finding that the contractual date of service of payment schedule (10 days) replaces the statutory default period (20 days). Veening J High Court NZ. 4th April 2007

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