Adjudication Judgments

20172016 - 2015 - 2014 - 2013 - 2012 - 2011 - 2010 - 2009 - 2008 - 2007 - 2006 - 2005 - 2004
 

2017

Body Corporate 200012 v Keene & Ors [2017] NZHC 2953 30 November 2017 (NZ High Court)

Application for judicial review of adjudication determinations

The Court dismissed the application for judicial review and the appeal, holding that BC12’s claims did not in fact go to the jurisdiction of the adjudicator’s decisions, but rather related to contractual interpretation, which plainly fell outside the scope of judicial review. To succeed in an application for judicial review, BC12 would have needed to show: a genuine excess of jurisdiction by the adjudicator; a serious breach of natural justice; or some apparent and significant error of law. BC12 had not succeeded on any of these three points. Accordingly, the Court refused to allow BC12 to undermine the CCA by using the judicial review process as a deliberate strategy to avoid the CCA’s “pay now, argue later” policy.

ELTEK AUSTRALIA PTY LTD v FIRTH & ANOR [2017] NZHC 480 16 March 2017 (NZ High Court)

judicial review of ruling on jurisdiction - arbitration clause - contractual right to refer to adjudication - right to refer disputes to adjudication - international construction contract

Subcontract contained clause providing that disputes may be dealt with by adjudication as provided for in the Construction Contracts Act 2002. Adjudicator held that this clause permitted the contracting parties to invoke the adjudication procedure and that consent was given at the time of entering into the subcontract. Court not persuaded the adjudicator erred in his decision finding that the clause in the subcontract recorded in advance the parties consent to the use of adjudication as required by s25(3) of the Act. Application for review declined.

2016

PAK HOLDINGS LIMITED (T/A HUMPHRIES CONSTRUCTION) v PROLIANT NZ LIMITED [2016] NZDC 15368 17 August 2016 (NZ District Court)

Construction Contracts Act - summary judgment - statutory debt - scheduled amount unpaid - defence s24 and s29 of CCA not applicable

Summary judgment brought on basis that, in terms of the contract and the provisions of the CCA, the sum the subject of the final payment schedule was a debt due to Humphries from Proliant and that Proliant had no defence to the claim. Proliant argued that it had a counter-claim or set-off exceeding the sum sought by Humphries and pleaded that s24 and s29 of the CCA were not applicable. Summary judgment entered. The Court was satisfied that the technical payment procedure steps had been followed and Proliant had no arguable defence.

CENTRAL LAKES HOMES LTD v CLARK [2016] NZDC 396 1 February 2016 (NZ District Court)

summary judgment - BDT adjudicator's decision made under s48(1)(a) - payment claimed under a contract - damages

Application for summary judgment opposed on the basis that the determination was said to properly have been made under s48(1)(b) of the Act, rather than s48(1)(a), with the result being that the plaintiff was not entitled to recover payment because s59 of the Act did not apply to any awards made under s48(1)(b). The Court found that the damages is question must arise out of the default of the defendant. His repudiation of the contract and the resulting termination meant that the damages must arise out of the contract repudiation. Summary judgment entered for the plaintiff.

** NB: the construction contract the subject of this decision pre-dates the amendments to the CCA in December 2015 regarding enforcement.

MANCHESTER INDUSTRIAL HOLDINGS LIMITED v HAZELTON [2016] NZHC 211 (NZ High Court)

Application (by Manchester) for judicial review alleging errors of law by adjudicator in a determination under the Construction Contracts Act 2002. Judge found there had been an error of law in the adjudicator ruling that a payment schedule had to be contained in a single document, but despite this, the Court considered Manchester had still provided inadequate communications to constitute a payment schedule. Accordingly, application for judicial review dismissed.

CENTRAL LAKES HOMES LIMITED v CLARK [2016] NZDC 396 (NZ High Court)

Fixed price contract for construction of property by Central Lakes Homes. Determination by Building Disputes Tribunal ordering defendant to pay claimed sum. Plaintiff (Central Lakes) now seeking summary judgment against defendant. BDT adjudication determination upheld - Judge considered that the defendant had only raised factual disputes which had already been dealt with in the adjudication determination, and the fact that someone is aggrieved by a determination is not, of itself, sufficient for a Judge to revisit the factual scenario upon which a determination was made. Judgment for the plaintiff.


2015

R T VINCENT LTD v WATTS & HUGHES CONSTRUCTION LTD [2015] NZHC 424 10 March 2015 (NZ High Court)

DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) v DAVID CHARLES BROWNE [2015] NZHC 866 29 April 2015 (NZ High Court)

V J MADSEN REIS AND H D LEVIN v DONOVAN DRAINAGE AND EARTH MOVING LIMITED [2015] NZHC 1081 20 May 2015 (NZ High Court)

CAN BUILD LTD v KIRKPATRICK and PURVIS as trustees of the LAURA KIRKPATRICK FAMILY TRUST [2015] NZHC 1161 27 May 2015 (NZ High Court)

GROYNES DEVELOPMENT (2012) LTD v COLLIS MURDOCH EARTHMOVERS LTD [2015] NZHC 1206 2 June 2015 (NZ High Court)

JAMON CONSTRUCTION LTD v BRICON ASBESTOS LTD [2015] NZHC 1926 13 August 2015 (NZ High Court)

MDS DEVELOPMENTS LIMITED v APPLEBY HOLDINGS LIMITED [2015] NZHC 2145 4 September 2015 (NZ High Court)

TEAK CONSTRUCTION LIMITED v ANDREW BRANDS LIMITED [2015] NZHC 2312 23 September 2015 (NZ High Court)

C.J. PARKER CONSTRUCTION LTD v KETAN & ORS [2015] NZHC 2421 5 October 2015 (NZ High Court)

HALEY CONSTRUCTION LIMITED v EVOLVING PROJECTS LIMITED [2015] NZHC 2490 12 October 2015 (NZ High Court)

LEE v WHANGAREI DISTRICT COUNCIL [2015] NZHC 2777 10 November 2015 (NZ High Court)

DHC ASSETS LIMITED v TOON (AS LIQUIDATOR OF VACO INVESTMENTS) LIMITED [2015] NZHC 140 12 February 2016 (NZ High Court)
 

2014

 
WEST CITY CONSTRUCTION LTD v HENRY DAVID LEVIN AND DAVID STUART VANCE AS LIQUIDATORS OF ST GEORGE DEVELOPMENTS LTD (IN LIQUIDATION) [2014] NZSC 183 15 December 2014 (NZ Supreme Court)

WATTS HUGHES CONSTRUCTION LIMITED v COMPLETE SITEWORKS COMPANY LIMITED [2014] NZCA 564 26 November 2014 (NZ Court of Appeal)

WAIORA TRADING LTD v O'SULLIVAN [2014] NZHC 304 26 February 2014 (NZ High Court)

Application for judicial review of adjudicator’s determination – respondent of adjudication arguably not party to the construction contract – arguments not assessed by the adjudicator – Adjudicator error – Judicial review.

SEALEY v CRAIG [2014] NZHC 520 12 March 2014 (NZ High Court)

Appeal against order striking out part of claim – inadequate legal advice for payment schedule – implied term in contract of retainer – actual loss.

SARDAN TRUSTEES LIMITED v MAGSON'S HARDWARE LIMITED HC AK CIV-2013-404-4684 [2014] NZHC 460 13 March 2014 (NZ High Court)

P3PEOPLE LIMITED v QS BUIILDING LIMITED [2014] NZHC 1455 26 June 2014 (NZ High Court)

SOL TRUSTEES LIMITED v GILES CIVIL LIMITED [2014] NZHC 1813 4 August 2014 (NZ High Court)

PEDESTAL LIMITED v CITY BUILD CONSTRUCTION LIMITED [2014] NZHC 1783 5 August 2014 (NZ High Court)
 
MARAC FINANCE LTD v BODY CORPORATE 361477 [2014] NZHC 1898 [12 August 2014] 
(NZ High Court)

CONCRETE STRUCTURES (NZ) LIMITED v NZ WINDFARMS LIMITED [2014] NZHC 2118 3 September 2014 (NZ High Court)

QUAY PARK ARENA MANAGEMENT LIMITED v GREAT LAKES REINSURANCE (UK) PLC [2014] NZHC 2204 11 September 2014 (NZ High Court)

SOL TRUSTEES LTD v GILES CIVIL LTD CA 4542014 [2014] NZCA 539 10 November 2014 (NZ High Court)

WATTS & HUGHES CONSTRUCTION LIMITED v COMPLETE SITEWORKS COMPANY LIMITED CA444 2014 [2014] NZCA 564 26 November 2014 (NZ High Court)

LEIGHTON CONTRACTORS PTY LIMITED v SHARP CONCRETE CUTTERS & DRILLERS LIMITED [2014] NZHC 3090 5 December 2014 (NZ High Court)

COMPLETE CONSTRUCTION LIMITED v LYON ELECTRICAL LIMITED [2014] NZHC 3116 8 December 2014 (NZ High Court)
 

2013

BLAIN v EVAN JONES CONSTRUCTION LTD - NZCA 680 December 2013 (NZ Court of Appeal)

Application to set aside third party notice – does the law recognize a cause of action in negligence against the builder of a commercial building – do the terms of the contract consist of the respondent owing a duty of care in tort – whether the Construction Contracts Act dispute procedure means that obligations are to be governed exclusively by the contract.

ADDIS CONTAINERS LTD v ALUMINIUM CITY LTD CIV-2012-004-1745 24 May 2013 (NZ District Court)

summary judgment - construction contract - whether shipping containers formed part of the land - natural justice

Application opposed on basis contract was not a construction contract to which the CCA applies (shipping containers) and that the adjudicator failed to observe the rules of natural justice in failing to take into account the respondent's protests as to jurisdiction. Temporary nature of containers nor relevant given that construction work may be permanent or not. On the facts the Court found that the containers came within the meaning of construction work under the CCA. The District Court does not possess the jurisdiction to review a determination where allegations of breaches of natural justice are made by a party (only the High Court may do so). Application opposing entry of determination as judgment dismissed.



DTB CONSTRUCTION LIMITED v HOLDGATE HC AK CIV-2013-404-426 26 February 2013 (NZ High Court)

Application for stay of insolvency proceedings Canam Construction Ltd v Ormiston Hospital Investments Ltd – Service Donovan Drainage and Earthworking Ltd v Kaipara District Council, Bills v Arnold Jensen (2005) Ltd – Section 79 Volcanic Investments Ltd v Dempsey & Wood Civil Contractors Ltd – Unfairness  

HERBERT CONSTRUCTION COMPANY LIMITED v REINFORCING STEEL & MESH LIMITED HC NP CIV-
2012-441-602 8 March 2013
 (NZ High Court)

Application to set aside statutory demand – Genuine and substantial dispute – Insolvency – CCA application George Developments Ltd v Canam Construction Ltd – Payment Claim - Payment due date Winslow Properties Ltd v Wooding Construction Ltd, Loveridge Ltd v Watson Construction Ltd, McAlpine Hussman Ltd v Cooke Industries Ltd – Payment Schedule Marsden Villas Ltd v Wooding Construction Ltd.

HOLDGATE (TA JR CONSTRUCTION) v DTB CONSTRUCTION LIMITED HC AK CIV-2013-404-426 8 March 2013 (NZ High Court)

Costs – Section 24 Volcanic Investments, Laywood v Homes Construction Wellington Ltd

GREY DISTRICT COUNCIL v BLAIN HC GY CIV-108-000060 CIV-418-000123 19 March 2013 (NZ High Court)

Application to set aside third party notice and summary judgement notice – Indemnity – Concurrent liability.

GILLIES ELECTRICAL & REFRIGERATION LIMITED v AL-MARIDI HC RT CIV-2012-463-000640 20 March 2013 (NZ High Court)

Application to set aside statutory demand – Payment claim – Payment schedule – Estoppel – Section 70 – Substantial dispute – Set-off/counterclaim.

HUTT CITY COUNCIL v THE LOWER HUTT DISTRICT COUNCIL HC WN CIV-485-001662 10 April 2013 (NZ High Court)

Property suspension – Council authority – Judicial review – ‘Land’ definition – ‘Construction work’ definition from CCA.

HOLDGATE (TA JR CONSTRUCTION LIMITED) v DTB CONSTRUCTION LIMITED HC AK CIV-2013-404-426 22 April 2013 (NZ High Court)

Costs – Primary relief  Sunglass Hut New Zealand Ltd v Amtrust Properties Ltd

MCCLOY V MANUKAU INSTITUTE OF TECHNOLOGY HC AK CIV-2013-404-001526 1 May 2013 (NZ High Court)


ENERGY EFFICIENT HEALTHY HOMES LIMITED v GREENWOOD NATURAL LIMITED HC AK CIV-2013-404-1083 21 May 2013 (NZ High Court)

Application to set aside statutory demand – Service – Nullity

CAPITAL CONSTRUCTION LTD v PRIME COMMERCIAL LTD HC WG CIV-2013-485-000879 5 August 2013 (NZ High Court)

Application to set aside statutory demand – Payment claim – Set-off, Counter claim Volcanic Investments  Ltd  v  Dempsey  &  Wood  Civil  Contractors
Ltd – Section 79 Laywood v Holmes Construction  Wellington Ltd – Oppressive/unfair proceeding

CMP CONSTRUCTION LTD v ALUMINIUM TECHNOLOGY LTD HC AK CIV-2013-404-2692 23 September 2013 (NZ High Court)
Application to set aside statutory demand – Entitlement to revised claims – Payment schedule Marsden  Villas  Ltd  v  Wooding  Construction  Ltd – Legal effects of a void contract.

ELLIS BUILD 2008 LTD v NZ CHEMICAL CARE & STORAGE LTD HC AK CIV-2013-404-03143 3 December 2013 (NZ High Court)

Right to adjudication – Section 76 – Jurisdiction

FINESSE RESIDENTIAL LTD v VASANTHAN HC AK  CIV-2013-404-3026 3 December 2013 (NZ High Court)
Application for summary judgment – Construction contract definition.

2012

TAUBER & ORS v THE COMMISSIONER OF INLAND REVENUE COA CA564/2011 7 September 2012 (NZ Court of Appeal)

Judicial review of decision for execution of warrants of seized documents.

JFC BUILDERS PTE LTD v LIONCITY CONSTRUCTION CO PTY LTD 8 August 2012 (Singapore High Court)

BOAT HARBOUR HOLDINGS LTD v STEVE MOWAT BUILDING LTD COA CA146/2011 13 July 2012 (NZ Court of Appeal)

Caveatable interests – Remedial constructive trust Fortex Group Ltd (in rec and liq) v MacIntosh

MCNAMARA AND ORS v AUCKLAND CITY COUNCIL SC 852010 9 May 2012 (NZ Supreme Court)

MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED SC 33/2010 5 March 2012 (NZ Supreme Court)

SCANDLE v FAR NORTH DISTRICT COUNCIL COA CA619 2010 1 MARCH 2012 (NZ Court of Appeal)

LOVERIDGE LIMITED V WATTS & HUGHES CONSTRUCTION LTD HC TAU CIV-2011-470-275 16 February 2012  (NZ High Court)

Costs – Awarded to the defendant in part

FLAT BUSH PROPERTY LIMITED (IN LIQUIDATION) V POLGLASE HC CIV-2011-404-1328 21 February 2012 (NZ High Court)

Security of costs – Awarded to defendant – Court’s discretion

CAPITAL CONSTRUCTION LIMITED v LUXTA LIMITED HC WN CIV 2011-485-1622 23 February 2012 (NZ High Court)

Application for award as judgement – Discretion Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd – Stand down period

HERBERT CONSTRUCTION COMPANY LIMITED V P I ALEXANDER, B E ALEXANDER, M J MOLLIER AND MP WARD HC NAP CIV-2011-441-500 29 February 2012 (NZ High Court)

Costs Auckland Waterproofing Ltd v TPS Consulting Ltd – Indemnification Westpac Banking Corporation v Topless – Awarded to plaintiff

GONVILLE SERVICE STN 1970 LIMITED v PETROLEUM SOLUTIONS LIMITED HC WANG CIV-2011-483-144 9 March 2012 (NZ High Court)

Application to set aside statutory demand – Not granted

GILLIES ELECTRICAL & REFRIGERATION LIMITED v MOHAMMAD AL-MARIDI HC ROT CIV 20 MARCH 2012 (NZ High Court)


MCALPINE HUSSMANN LIMITED v COOKE INDUSTRIES LIMITED HC AK CIV 2011-404-5663 16 March 2012 (NZ High Court)

Application to set aside statutory demand – Not granted – Payment schedule – Must specify amount – Payment claim – Reference to order number sufficient identification for construction work

ABSOLUTE QS LIMITED v ASCOT ALUMINIUM LIMITED HC AK CIV 2011-404-006062 4 April 2012 (NZ High Court)

Application to set aside statutory demand – Agency – Not granted

SOUTH PACIFIC INDUSTRIAL LIMITED v UNITED TELECOMS LIMITED HC WHA CIV 2012-488-202 13 April 2012 (NZ High Court)

Application for freezing order – International

SOUTH PACIFIC INDUSTRIAL LIMITED v UNITED TELECOMS LIMITED HC WHA CIV 2012-488-202 16 April 2012 (NZ High Court)


SOUTH PACIFIC INDUSTRIAL LIMITED v UNITED TELECOMS LIMITED HC WHA CIV 2012-488-202 26 April 2012 (NZ High Court)


MCALPINE HUSSMANN LIMITED v COOKE INDUSTRIES LIMITED HC AK CIV-2011-404-5663 7 May 2012 (NZ High Court)

Costs – Awarded to plaintiff

BOUNTIFUL HOLDINGS LIMITED v UNIVERSITY OF AUCKLAND HC AK CIV-2012-404-581 8 May 2012 (NZ High Court)

Application to set aside statutory demand – No set-off clause Brown’s Real Estate Ltd, Simply Logistics Ltd v Real Foods Ltd

SOUTH PACIFIC INDUSTRIAL LIMITED v UNITED TELECOMS LIMITED HC WHA CIV 2012-488-202 9 May 2012 (NZ High Court)


OSBORNE AND OSBORNE v AUCKLAND CITY COUNCIL (NOW AUCKLAND COUNCIL) COA CA841/2011 17 May 2012 (NZ High Court)

Application for leave to appeal from a decision of the HC of no right to appeal under the WHRS Act Siemer v Heron – Not granted.

STERLING PARK DEVELOPMENTS LIMITED v DOWNER NEW ZEALAND LIMITED DC CIV-2010-016-000481 28 May 2012 (NZ High Court)

VEGAR-FITZGERALD v NOYCE AND MAWDSLEY HC AK CIV-2012-404-1683 29 May 2012 (NZ High Court)
Application to maintain finance agreement 

RJ VIALL BUILDERS LIMITED v PARTRIDGE HC AK CIV-2012-404-1482 6 July 2012 (NZ High Court)
Costs – Awarded to plaintiff

BODY CORPORATE 173457 v DESPY HC AK CIV-2010-044-999 19 July 2012 (NZ High Court)

Summary judgment for levies

239 QUEEN STREET DEVELOPMENTS LIMITED v WATTS & HUGHES CONSTRUCTION LIMITED HC AK CIV-2012-404-2159 19 July 2012 (NZ High Court)

Application for statutory demand – Immediate liquidation order – ‘Pay now argue later’ arguments not absolute

SEATING SYSTEMS LIMITED v KIDSON CONSTRUCTION LIMITED HC NEL CIV-2012-442-000013 30 August 2012 (NZ High Court)

Payment schedule – Email – Non-compliance with requirements – Cannot set-aside statutory demand because of substantial dispute

READY MARK LIMITED v JILL GRANT COA CA440/2011 28 September 2012 (NZ High Court)

Judicial review

H&H CONTRACTORS LTD v LEIGHTON CONTRACTORS PTY - HC 19 November 2012 (NZ High Court)

SPURR v CRT FUEL LIMITED HC TIM CIV-2012-476-000237 7 December 2012 (NZ High Court)

Application to set aside bankruptcy notice – Agreement to exclude crossclaims
 

2011

REES v FIRTH COA CA328/2011 20 December 2011 (NZ Court of Appeal)

Judicial review of determination Speymill Contracts Ltd v Baskind – Standing

DONOVAN DRAINAGE & EARTHMOVING LIMITED v HALLS EARTHWORKS LIMITED (IN LIQUIDATION) COA CA403/2011 29 August 2011 (NZ Court of Appeal)

Application for second appeal

REES v FIRTH COA CA328/2011 29 July 2011 (NZ Court of Appeal)

Unconditional stay granted – Scope of judicial review

P R JOLLANDS AND R T JOLIFFE v MITCHILL COMMUNICATIONS LTD HC AK CIV-2009-404-008146 18 January 2011 (NZ High Court)

Insolvency 

OGILVIE v L STEVENS BUILDERS LIMITED CIV-2010-063-000299 18 February 2011 (NZ District Court)

HERON'S FLIGHT LTD v NZ PROPERTIES INTERNATIONAL LTD HC AK CIV-2010-404-005878 7 February 2011 (NZ High Court)

Application for liquidation of defendant – Section 310 of Insolvency Act overrides CCA

PAUL MARK COKER v PHIL BROWN BUILDING LIMITED HC BLE CIV 2010-406-235 17 February 2011 (NZ High Court)

Payment claims – Progress payments

STEVE MOWAT BUILDING & CONSTRUCTION LIMITED v BOAT HARBOUR HOLDINGS LIMITED HC CHCH CIV 2010-409-002698 17 February 2011 (NZ High Court)

Caveat – Prejudicial disposition

STOLLERY & ORS v FRUIT 2GO LIMITED (FORMERLY MOYLE CONSTRUCTION LIMITED) HC TAU CIV-2009-470-283 10 March 2011 (NZ High Court)

Costs – Equal apportionment

CONCRETE STRUCTURES (NZ) LTD v INFRAMAX CONSTRUCTION LTD HC HAM CIV 2010-419-385 30 March 2011 (NZ High Court)

Costs – Awarded to plaintiff

PAUL MARK COKER v PHIL BROWN BUILDING LIMITED HC WN CIV 2010-406-235 2 May 2011 (NZ High Court)

Costs – Reduced amount awarded to plaintiff

HOMES CONSTRUCTION WELLINGTON LTD v FIRTH HC AK CIV-2010-404-007674 3 May 2011 (NZ High Court)

Estoppel – Res judicata - Jurisdiction of ‘party’ – Collateral contracts

CHOW GROUP LTD v JOHN GEOFFREY WALTON AND CLEARWATER CONSTRUCTION LTD CIV-2011-404-3148 9 June 2011 (NZ High Court)

Interim relief declined Concrete Structures (NZ) Ltd v Palmer, Construct Interiors v Jones
 
Payment claim – Contract payment due date for payment – Payment otherwise due being payable – Bad faith Cube Building Solutions Ltd v King – Payment schedule – Must specify reasons and amount – Breach of natural justice – Discretionary relief 

INCONSTRUCTION LIMITED v H GLAUSER HC WN CIV-2011-485-443 14 June 2011 (NZ High Court)

Application to set aside bankruptcy notice Laywood v Holmes Construction Ltd ­– Not granted.

READY MARK LIMITED v JILL GRANT HC AK CIV 2010-404-008264 17 June 2011 (NZ High Court)

Summary judgement; granted, reasonable defence. Potential claim as residential owner under CCA

NCB 2000 LTD v HURLSTONE EARTH MOVING LTD civ-2010-404-008096 23 June 2011 (NZ High Court)

Application to set aside statutory demand – Payment claim invalid – Set aside – Payment schedule – Letter – Content non-compliant with technicalities but valid – Course of conduct – Service – Section 80 not mandatory requirements

CHOW GROUP LIMITED v CLEARWATER CONSTRUCTION LIMITED HC AK CIV-2011-404-3382 30 June 2011 (NZ High Court)

Costs – Awarded to plaintiff

WAIPIPI SCHOOL BOARD OF TRUSTEES v XTREMEBUILD LIMITED (IN LIQ) HC AK CIV-2010-404-4874 1 July 2011 (NZ High Court)

Costs – Awarded to defendant

HOLMES CONSTRUCTION WELLINGTON LIMITED v FIRTH HC AK CIV-2010-404-007674 6 July 2011 (NZ High Court)
 
Application to stay judgement – Injuriously affected – Granted conditionally

CHOW GROUP LIMITED v WALTON HC AK CIV-2011-404-3148 14 July 2011 (NZ High Court)

Early fixture application

HERBERT CONSTRUCTION COMPANY LIMITED v TUCK CONTRACTORS LIMITED (IN LIQUIDATION) HC NAP CIV-2011-441-54 22 July 2011 (NZ High Court)

Application to set aside statutory demand – Not granted

CHOW GROUP LIMITED v WALTON HC AK CIV-2011-404-003148 19 August 2011 (NZ High Court)

Judicial review of determination – Bad faith Cube Buildings Solutions Ltd v King – Payment schedule – Content – Natural justice Construct Interiors NZ Ltd v Jones

M Van der Wal Builders & Contractors Limited v Walker CIV 2011-004-000083 26 August 2011 (NZ High Court)

Associate Judge Christianson

construction contract - whether contract entered into - jurisdiction - summary judgment - judicial review - debt due - genuinely arguable

Adjudicator determined a binding contract had been entered into and breached by the defendants. Summary judgment was declined on the basis that there was an arguable case that a construction contract had not been concluded and it followed therefore that there was an arguable case the adjudicator had no jurisdiction for the determination he made.

AMSTAR INTERIORS LIMITED v AIS INSULATION LIMITED (IN LIQUIDATION) HC AK CIV-2011-404-3320 8 September 2011 (NZ High Court)

Set aside statutory demand; partially granted; invalidity of payment schedule, substantial dispute proven

SIMPLY LOGISTICS LIMITED V REAL FOODS LIMITED HC AK CIV-2011-404-3497 14 September 2011 (NZ High Court)

Application to set aside statutory demand – No set-off contract clause Grant v NZMC Ltd, Browns Real Estate Ltd v Grand Lakes Properties Ltd – No clause concerning counterclaim and cross-demand – Granted

LOVERIDGE LIMITED V WATTS & HUGHES CONSTRUCTION LTD HC TAU CIV-2011-470-275 29 September 2011 (NZ High Court)

Application for summary judgment - Payment claim – Invalid due date – Cannot amend defect through subsequent payment claim

THREE CHICKS LIMITED V NZ BUILDING AND PROJECTS LIMITED HC AK CIV-2011-404-005417 30 September 2011 (NZ High Court)

Application to remove caveat

HERBERT CONSTRUCTION COMPANY LIMITED V PI ALEXANDER, BE ALEXANDER, MJ MOLLIER AND MP WARD IN PARTNERSHIP TRADING AS THE CHRISTIE CROWN PARTNERSHIP HC NAP CIV-2011-441-500 21 October 2011 (NZ High Court)

Application for summary judgment – Payment claim – Payment schedule – Failure to issue does not alter payment due date

CHEN V ZHONG & ANOR HC AK CIV 2010-404-001995 14 November 2011.PDF
ASB BANK LIMITED V STEVENS & Anor HC AK CIV-2011-404-1621 11 November 2011 (NZ High Court)

Application for set-off and counterclaim under PLA

BRC LIMITED V R PATEL & NG PATEL HC WN CIV-2011-485-1322 11 November 2011 (NZ High Court)

Application to set aside bankruptcy notice – Set-off not a liquidated sum or disputed – Section 79 – Not granted – Amount in bankruptcy notice amended to be GST exclusive 

READY MARK LIMITED V GRANT HC AK CIV-2010-404-008264 18 November 2011 (NZ High Court)

Judicial review – Strike-out principles – Issue estoppel

WESTPARK MARINA LIMITED V AUTOMATED SOLUTIONS LIMITED HC AK CIV-2011-404-7295 30 November 2011 (NZ High Court)

Application to set aside statutory demand – Court discretion – Construction work definition not – Installation of software

CLEARWATER CONSTRUCTION LIMITED v CHOW GROUP LIMITED HC WN CIV-2011-485-001320 2 December 2011 (NZ High Court)

Costs – Awarded to plaintiff

CAMBRIA COMMERCIAL 2009 LIMITED V MILTON CHARLES PEDLEY AND JEAN MARGOT PEDLEY HC PMN CIV-2011-454-457 7 December 2011 (NZ High Court)

Summary judgment – Addition of ‘parties’

EXAPL LTD and ANOR v PACT GROUP (NZ) LTD HC AK CIV-2011-404-005919 12 December 2011 (NZ High Court)

Expert Determination – Application for stay of proceedings – Completion statements

STEPHEN MACKFALL V GORDON AND KATHRYN BEATTIE HC WN CIV  2011-485-82 [22 December 2011] (NZ High Court)

Weathertight Homes Tribunal appeal – Individual liability
 

2010

 

CONCRETE STRUCTURES (NZ) LIMITED v NZ WINDFARMS LIMITED CA CA239/2009 4 October 2010 (NZ Court of Appeal)

Notice of adjudication – Costs – Awarded to the defendant



BROWNS REAL ESTATE LIMITED v GRAND LAKES PROPERTIES LIMITED CA157/2010 20 September 2010 (NZ Court of Appeal)

Application to set aside statutory demand (not CCA) – Reference to Laywood v Homes Construction Wellington Ltd.

DORIC INTERIORS & CONSTRUCTION LIMITED (IN LIQUIDATION) v MAGSONS HARDWARE LIMITED AND ANOR CA CA547/2009 1 June 2010 (NZ Court of Appeal)

Statutory demand – Company now in liquidation – Appeal as to parties to the contract – Substantial dispute – Construction Contracts Act regime – Was there a construction contract – Appeal dismissed



Origin Energy Resources (Kupe) Limited v Tenix Alliance New Zealand Limited HC AK CIV 2010-404-00106 19 January 2010 (NZ High Court)

Potter J 
 
Application for interim injunction – Jurisdiction of adjudicator – Referral of disputes to arbitration – International Arbitration

Origin contended that the dispute could not be referred to adjudication as the contract provided for disputes to be referred to arbitration which would be an international arbitration as defined in Schedule 1 of the Arbitration Act 1996. It was argued that the question of jurisdiction ought to be determined by the High Court. Potter J considered that the appropriate procedure was for the matter to proceed to adjudication before the appointed adjudicator, for the parties to make their submission to the adjudicator and for him to determine the issue of jurisdiction.
 
FOGGO AND ORS V R J MERRIFIELD LIMITED HC CHCH CIV-2009-409-000605 8 February 2010 (NZ High Court)
Application for leave to appeal High Court Decision – Payment Claims – Errors in Payment Claims – Public importance of issue of invalid payment claims – Will appeal be determinative of the issues between the parties – Application for leave to appeal and cross-appeal declined
 
79 MANNERS STREET LIMITED V BJ PYE SHEET METALS LIMITED HC WN CIV-2008-485-1907 10 February 2010 (NZ High Court)
Application to set aside statutory demand – Genuine dispute about whether the debt is due – Limitation Act – Statute barred as outside 6 year period – Counterclaim - Set-Off
 
LUXTA LIMITED V CAPITAL CONSTRUCTION LIMITED HC WN CIV-2009-485-1957 10 February 2010 (NZ High Court)
Application to set aside statutory demand – Abuse of process – Statutory demand cannot be used to collect a debt – Payment Claim – Payment Schedule – Consequences of failure to issue a Payment Schedule
 
CLAVERDON DEVELOPMENTS LTD V HOUSING NEW ZEALAND LTD HC AK CIV-2009-404-007159 19 February 2010
Application for removal of a caveat – Payment Claim – Payment Schedule – Notice of Default – Construction Contracts Act - Land Transfer Act – Caveatable Interest – Application successful
 
ANDREW LAWSON BUILDING LTD V JP SWENNEN & V GIELEN HC BLE CIV-2009-406-286 19 February 2010 (NZ High Court)
Application for summary judgment – Payment Claim – Due date for payment – Payment Schedule – Construction Contracts Act payment terms – Contractual payment terms – Transfer of summary judgment to ordinary proceedings
 
HOUSING NEW ZEALAND LIMITED V CLAVERDON DEVELOPMENTS LIMITED HC AK CIV-2009-404-6292 19 February 2010
Application to set aside statutory demand – Section 290 Companies Act – Genuine dispute as to whether money owed – Costs
 
YUN CORPORATION LIMITED V YQT LIMITED (FORMERLY CANAM CONSTRUCTION (1955) LIMITED) HC AK CIV 2009-404-007656 26 February 2010 (NZ High Court)
Application to restrain advertising of liquidation proceedings – Proof of solvency – Money paid into trust account – Arbitration – Payment not required in the circumstances
 
NEWSOME V RAY DENNIS CONSTRUCTION LIMITED HC HAM CIV-2009-419-001467 9 March 2010 (NZ High Court)
Appeal against District Court decision - Identity of parties to contract – Liquidation of parties – Review of decision – Judge applied wrong test to facts before Court
 
MACENNOVY TRUST LTD V SEFTON CONSTRUCTION LTD (IN LIQUIDATION) HC AK CIV-2009-404-007659 28 April 2010 (NZ High Court)
Statutory demand – Construction Contracts Act – Section 23 – Summary judgment not statutory demand correct procedure – Recall of judgment – Section 79 – Order setting aside statutory demand recalled – Costs awarded
 
DONOVAN DRAINAGE & EARTHMOVING LTD V HALLS EARTHWORKS LTD (IN LIQUIDATION) HC AK CIV-2010-404-29 3 May 2010 (NZ High Court)
Application for interlocutory directions – Affidavits – Purpose of Construction Contracts Act
 
CENTRAL HOUSE MOVERS LIMITED V DAVID RENNIE RUSSELL AND KAREN LEANNE RUSSELL HC PMN CIV 2010-454-000103 20 May 2010 (NZ High Court)
Costs – Awarded to the plaintiff – Construction work definition – Includes relocation of villa

DRIFTWOOD DEVELOPMENTS LIMITED V PIMLICO PROPERTIES LIMITED HC CHCH CIV-2010-409-000301 3 June 2010 (NZ High Court)
Application to set aside statutory demand – Court’s discretion

LUND SOUTH LIMITED V AAA TOUGH PLUMBING & DRAINAGE LIMITED HC DUN CIV 2009 412 000949 4 June 2010 (NZ High Court)
Application to set aside default statutory demand – Failure to appear – Incorrect defendant – Parties’ conduct

JACK TAGGART AND PATRICIA TAGGART V JIM VISSER LIMITED HC AK CIV-2010-404-3149 30 July 2010 (NZ High Court)
Application to set aside determination – Court intervention Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd

CANAN CONSTRUCTION LTD V ORMISTON HOSPITAL INVESTMENT LTD HC AK CIV 2010-404-000291 10 August 2010 (NZ High Court)
Liquidation of defendant – Application to stay proceedings Taxi Trucks Ltd v Nicholson – Genuine/substantial dispute – Section 79 – Irretrievable prejudice Concrete Structures (NZ) Ltd v Palmer, Yun Corporation Ltd v YQT Ltd

MOYLE CONSTRUCTION LIMITED V STOLLERY & ORS HC TAU CIV 2009-470-889 12 August 2010 (NZ High Court)
Costs – Awarded to plaintiff – Interest

DONOVAN DRAINAGE & EARTHMOVING LTD V KAIPARA DISTRICT COUNCIL HC WHA CIV-2010-488-000319 18 August 2010 (NZ High Court)
Summary judgement – Service – Equates ‘giving a schedule’ with ‘providing a schedule’ – Postal rule

HERBERT CONSTRUCTION COMPANY LIMITED V MICHAEL FEATHERSTON TOOGOOD HC NAP CIV-2010-441-283 20 August 2010 (NZ High Court)
Summary judgement – Service – No requirement for address to payer – Section 80 not mandatory requirements – Costs – Reduction due to lack of proportionality – Payment claim – Payment schedule

CONSTRUCT INTERIORS NZ LIMITED V JONES AND ANOR HC AK CIV-2010-404-897 23 August 2010 (NZ High Court)
Application for judicial review of determination

MAGSONS HARDWARE LIMITED AND ANOR V PRITISH PATEL AND ANOR HC AK CIV-2010-404-2891 10 September 2010 (NZ High Court)
Costs – Equal apportionment

REDICAN ALLWOOD LIMITED V RAB CONTRACTING LIMITED HC WN CIV-2010-485-912 9 November 2010 (NZ High Court)
Costs – Claim for indemnity – Awarded to plaintiff

CONCRETE STRUCTURES (NZ) LTD V INFRAMAX CONSTRUCTION LTD HC HAM CIV-2010-419-909 9 November 2010 (NZ High Court)
Summary judgement – Determination does not create an issue estoppel or activate the doctrine of res judicata Marsden Villas Ltd v Wooding Construction Ltd, Donovan Drainage and Earthmoving Ltd v Halls Earthworks Ltd – Use of determination in subsequent court proceedings – Confidentiality – Payment schedule – Nil value – Invalid – Costs – Cannot include prior adjudication costs – Awarded to plaintiff

DONOVAN DRAINAGE & EARTHMOVING LTD V HALLS EARTHWORKS LTD HC AK CIV-2010-404-000029 10 November 2010 (NZ High Court)
Judicial review – Determination – Issue estoppel – Doctrine of res judicata – Costs – Indemnity costs – Increased costs judgement Bradbury v Westpac Banking Corp

REAL COOL HOLDINGS LTD & REAL COOL LTD V PAGE & MACRAE LTD HC TAU CIV-2010-470-685 12 November 2010 (NZ High Court)
Interest

KARIITI LTD V DONOVAN DRAINAGE & EARTHMOVING LTD HC WHA CIV-2010-488-000613 19 November 2010 (NZ High Court)
Interim order – Risk of non-payment Total M and E Services Ltd v ABB Building Technologies, Jerscel Engineering Ltd v Breen Property Ltd – Strength of payer’s cause Wilsons (NZ) Portland Cement Ltd v Gatx-Fuller Australasia Pty Ltd

THE COMMISSIONER OF INLAND REVENUE V THE FISHING COMPANY LTD HC AK CIV-2010-404-004955 14 December 2010 (NZ High Court)
Application for liquidation of defendant – GST input credit claim – ‘Pay first, argue later’.

CONCRETE STRUCTURES (NZ) LTD V INFRAMAX CONSTRUCTION LTD HC HAM CIV-2010-419-909 17 December 2010 (NZ High Court)
Quantum

LUXTA LIMITED V PARAGON BUILDERS LIMITED HC WN CIV-2010-485-1825 17 December 2010 (NZ High Court)
Application to set aside statutory demand – Section 79 does not prohibit reduction of the amount claimed/set-off – Service – Section 80 not mandatory requirements.
 

2009


HEB CONTRACTORS LTD v REDHILL DEVELOPMENTS (NZ) LTD CIV-2009-044-1266 26 November 2009 (NZ District Court)

DONOVAN DRAINAGE AND EARTHMOVING LTD v STEININGER CIV-2009-027-000035 27 October 2009 (NZ District Court)

DONALD JOHN MACRITCHIE v TRUSTEES EXECUTORS LTD CIV-2009-085-359 12 August 2009 (NZ District Court)

BLENHEIM BUILDING CENTRE LTD v DALLAS HEMPHILL CIV-2009-006-000034 7 August 2009 (NZ District Court)

IQ HOMES LTD v GAEME NEIL SMITH, RICHARD DOUGLAS FISHER AND BELINDA MAY FISHER AS TRUSTEES OF THE FISHER FAMILY TRUST CIV-2209-009-1314 31 July 2009 (NZ District Court)

GRANT HAMILTON CONSTRUCTION LTD v TRUSTEES OF THE JAPEK TRUST CIV-2008-019-1630 25 March 2009 (NZ District Court)

TROAKE WALLBOARDS SERVICES LIT v TNR CONTRACTING LTD CIV-2008-004-002235 19 January 2009 (NZ District Court)

QUEENSTOWN LAKES DISTRICT COUNCIL v CHARTERHALL TRUSTEES LTD CA CA441/2008 25 August 2009 (NZ Court of Appeal)

LAYWOOD AND REES v HOLMES CONSTRUCTION WELLINGTON LTD SC 23/2009 15 May 2009 (NZ Supreme Court)

IAN LAYWOOD AND GARY REES v HOLMES CONSTRUCTION WELLINGTON LIMITED CA CA83/2008 25 February 2009 (NZ Court of Appeal)

HAWKINS CONSTRUCTION LTD V ECOSSE AFRIQUE ENTERPRISES LTD HC WN CIV 2008-485-2327 25 February 2009 (NZ High Court)
Application for summary judgment – Part of debt disputed – Payment Claim – Payment Schedule – Service of Payment Claim – Service provisions in contract – Contracting out of the Act – Arguable defence raised

INVENT SOLUTIONS LIMITED V CHAN DEVELOPMENTS TRUSTEE LIMITED HC WN CIV 2008-485-2834 1 April 2009 (NZ High Court)
Application for Summary Judgment – Payment Claims – Payment Schedule – Requirements for valid Payment Schedule

NZ WINDFARMS LIMITED V CONCRETE STRUCTURES (NZ) LIMITED HC ROT CIV 2008-463-566 7 April 2009 (NZ High Court)
Application to stay liquidation proceedings – Dispute – Requirement to send notice in accordance with Contract – Technical breach of requirements – Solvency

SOLUTION TEXTURES LIMITED V COLEMAN HC AK CIV 2009-404-001052 23 April 2009 (NZ High Court)
Appeal against costs award – Summary Judgment granted – Actual costs to follow the event – Appeal successful

Patel v Pearson Group Limited CIV 2008-485-2571 24 April 2009 (NZ High Court)
 
opposition to application to enforce judgment - jurisdiction of adjudicator – correct parties to contract – extension of jurisdiction - application refused 

Appeal from District Court decision that a determination should be entered as a judgment. Appellant argued that entry ought to have been refused because there was no contract between her and Pearson Group Limited, but rather, that the builder was a Mr Pearson, the director and principal shareholder of Pearson Group Limited, the latter company only having been incorporated after the relevant contract was entered into. The Court held the District Court has jurisdiction to refuse to enter a determination as a judgment on the ground that there is no contract between the parties to the adjudication. However, the Judge was right to enter the determination as a judgment in this case, for the parties had conferred jurisdiction on the adjudicator.

THYLACINE CONSTRUCTION V CAPITAL MERCHANT FINANCE LIMITED AK CIV 2008-404-7683 7 May 2009 (NZ High Court)
Appeal against summary judgment – Reliance on priority as first mortgagee – Estoppel

NASH PROPERTIES LIMITED V HARRIS HOLDINGS CONSTRUCTION LIMITED HC AK CIV 2009-404-001013 11 June 2009 (NZ High Court)
Application to set aside statutory demand – Genuine dispute as to whether amount claimed is due – Payment Claim – Payment Schedule – Interest - Counterclaim – Set-Off

GREYS AVENUE INVESTMENTS LTD V HARBOUR CONSTRUCTION LTD HC AK CIV 2009-404-002026 12 June 2009 (NZ High Court)
Application to set aside statutory demand – Payment Claim – Payment Schedule – Service of Payment Claim – Timing of Application to set aside statutory demand – Counterclaim – Set-Off – Existence of dispute

SPARK IT UP LIMITED V DIMAC CONTRACTORS LIMITED AND ANOR HC WN CIV-2008-485-1706 12 June 2009 (NZ High Court)
Application for judicial review – Jurisdiction of Adjudicator – Natural Justice – Unreasonableness – Wrong invoices referred to Adjudicator – No opportunity to respond to amended claim – Consequences of acting in excess of jurisdiction

SOLUTION TEXTURES LIMITED V COLEMAN AND COLEMAN HC AK CIV 2009-404-001052 1 July 2009
Application for costs – Costs associated to post-hearing matters are not recoverable – Actual and reasonable costs of summary judgment – Costs awarded

MUDGWAY V THE WINDOW COMPANY (2003) LIMITED HC AK CIV 2008-404-5818 1 July 2009 (NZ High Court)
Appeal against application to set aside judgment – Costs awarded on 2B basis – Costs award made in open court or chambers – Implication of cost award being made in open court

PLIMMERTON COURTYARD LIMITED V MA FRANKLIN HC WN CIV 2008-485-2613 2 July 2009 (NZ High Court)
Application for interim relief – Judicature Act – Suspension – Bankruptcy – Adjudication – Judicial Review – Payment Claim – Payment Schedule – Costs – Application for interim relief successful

GOODACRE V PACIFIC ABODE HOMES (2004) LIMITED HC AK CIV-2009-404-002164 2 July 2009
PLIMMERTON COURTYARD LIMITED V KEITH RICHARD HUNTINGTON AND ANOR HC WN CIV 2009-485-772 14 July 2009
Application for interim relief under Judicature Act – No dispute to refer to adjudication – Refusal to pay money even though due and owing – Suspension of Contract – Rights and Obligations where have a determination

HOLMES CONSTRUCTION WELLINGTON LTD V REES HC AK CIV 2006-404-004219 17 July 2009 (NZ High Court)
Application to set aside bankruptcy notice – Section 74 – Determination to be enforced as judgment - Insolvency Act
 
REDHILL DEVELOPMENT (NZ) LTD AND ORS V GREEN AND ANOR HC AK CIV-2009-404-3784 5 August 2009 (NZ High Court)
Application for Judicial Review – Jurisdiction of Adjudicator – Payment Claim – Payment Schedule – Failure to provide Payment Schedule – Associates – Landowners associated with the developer – Section 50 Construction Contracts Act
 
MAGSONS HARDWARE LIMITED V DORIC INTERIORS & CONSTRUCTION LIMITED HC AK CIV 2008-404-006861 10 August 2009 (NZ High Court)
Application to set aside statutory demand – Payment Claim – Payment Schedule – Parties to the Contract – Prejudice – Application successful – Costs awarded on 2B basis.

MACRITCHIE V TRUSTEES EXECUTORS LIMITED HC WN CIV-2009-485-1563 26 August 2009 (NZ High Court)
Appeal against decision not to award summary judgment – Payment Claim – Payment Schedule – Trustees – Security for costs – Leave to appeal granted
Costs – Discharge of solicitors undertaking to hold costs – Removal of caveat – Was there an entitlement to costs – Costs awarded

FOGGO AND ORS V R J MERRIFIELD LIMITED HC CHCH CIV-2009-409-000605 21 September 2009 (NZ High Court)
Appeal against summary judgment – Payment Claim – Payment Schedule – Construction Contracts Act payment regime – Errors in payment claim – Invalid payment claim – Is email sufficient as Payment Schedule – Estoppel – Appeal unsuccessful

AINSWORTH & COLLINSON LIMITED V G JOHN AND LD EDUMUNDS HC NAP CIV-2009-441-348 7 October 2009 (NZ High Court)
Application to set aside a statutory demand – Home owners seeking summary judgment against builder – Architect – Payment Claim – Payment Schedule – Failure to respond to Payment Claim – Recovery of Debt Due

OROPI PARK LTD V A & R BETHLEHEM HEIGHTS LTD HC TAU CIV 2009-470-000287 8 October 2009 (NZ High Court)
Appeal against summary judgment – Civil Construction – Set-Off – Abatement

REDHILL DEVELOPMENT (NZ) LTD AND ORS V R J GREEN AND ANOR HC AK CIV 2009-404-005417 22 October 2009 (NZ High Court)
Application for interim orders pending appeal – Judicial Review – Challenge to jurisdiction of adjudicator – Application to stay proceedings – Application unsuccessful – Costs awarded

CANAM CONSTRUCTION (1955) LTD V LAHATTE AND ANOR HC AK CIV 2009-404-461 30 October 2009 (NZ High Court)
Application for judicial review of determination – Jurisidction of adjudicator – Duty of adjudicator to give reasons – Purpose of the Construction Contracts Act – Contract - Quautum Meruit - Natural justice – Error of Law – Application dismissed – Costs awarded

GILL CONSTRUCTION COMPANY LIMITED V ROSS BUTLER HC WN CIV-2009-406-203 2 November 2009 (NZ High Court)
Liquidation – Statutory demand not paid – Construction Contracts Act regime – Statutory demand regime – Application to restrain advertising – Application granted

PETTERSON AS LIQUIDATOR OF KARA GROUP LTD (IN LIQUIDATION) V GATLEY AND ANOR HC AK CIV 2009-404-3117 9 November 2009 (NZ High Court)
Judicial review of adjudicator determination – Fees of the Adjudicator – Principles of natural justice - Counsel conferred and agreed determination could not stand – Judicial review successful

BAVERSTOCK DEVELOPMENTS LIMITED V HOUSING NEW ZEALAND LIMITED HC AK CIV 2009-404-004917 23 November 2009 (NZ High Court)
Application for summary judgment – Requirements under the contract – Variations – Arguable defences – Set-Off – Counterclaim

SANDRA LYNN MORRISON-LOVE V THERMOCRETE LIMITED HC NWP CIV-2009-443-156 23 November 2009 (NZ High Court)
Application to set aside judgment – Default judgment – Settlement – Compromise of the entire debt – No dispute

CONCRETE STRUCTURES (NZ) LIMITED V NEW ZEALAND WINDFARMS LIMITED AND ANOR HC CHCH CIV 2009 409 002301 24 November 2009 (NZ High Court)
Application to Strike out - Protest to jurisdiction of the Court – NZS3910 - Contract has dispute resolution mechanisms to be followed – Notice to refer dispute to mediation – Timeframe for referral to mediation – Application to strike out successful

NORTHERN HOLDINGS LIMITED V EAGLEN HOMES CONSTRUCTION LIMITED HC AK CIV 2009-404-004075 16 December 2009 (NZ High Court)
Application to set aside statutory demand – Costs – Actual and reasonable costs – Costs of $7,164 plus GST awarded

CUBE BUILDINGS SOLUTIONS LIMITED V THOMAS FREDERICK MAZLIN KING AND JUDITH RUTH KING HC CHCH CIV 2009 409 000034 17 December 2009 (NZ High Court)
Application for summary judgment – Payment Claim – Payment Schedule – Arguable defence – Application denied
 

2008

ARNOLD JENSEN 2005 LTD v BILLS & OTHERS CIV-2008-009-54 5 June 2008 (NZ District Court)

SHAUN DAMIEN JENKIN AND ANOR v JAMES A HANNA AND MARIA G HANNA CIV-2008-006-000101 23 June 2008 (NZ District Court)  

STAINLESS FITTINGS & FABRICATIONS LTD v STAN ASH BUILDERS LTD CIV-2007-055-61 25 July 2008(NZ District Court)

PEARSON GROUP LIMITED v KALPANA PATEL CIV-2008-085-000962 24 October 2008 (NZ District Court)


AMC CONSTRUCTION LIMITED v FREWS CONTRACTING LIMITED CA CA145/2008 25 September 2008 (NZ Court of Appeal)

DONOVAN DRAINAGE AND EARTHMOVING LIMITED v HALLS EARTHWORKS LIMITED (IN LIQUIDATION) CA CA463/07 23 May 2008 (NZ Court of Appeal)

SHEREE ANN TAYLOR V MELLIS BUILDERS LTD HC NAP CIV 2007-441-411 11 February 2008 (NZ High Court) 
Application to set aside bankruptcy notice – Consideration of issues by Adjudicator – Failure to appear at hearing

T R WELSH AND ANOR V GUNAC SOUTH AUCKLAND LTD HC AK CIV 2006-404-7877 11 February 2008 (NZ High Court)
Application for Summary Judgment – Payment Claim – Invoice – Residential Occupier – Section 27 Construction Contracts Act – Counterclaim and Set-Off

LAYWOOD & ANOR V HOLMES CONSTRUCTION WELLINGTON LIMITED HC AK CIV 2006-404-4152 15 February 2008 (NZ High Court)
Application for leave to appeal – Principles to be considered when granting leave to appeal – Requirements of Natural Justice – Leave to appeal granted

PARKER CONSTRUCTION MANAGEMENT (NZ) LIMITED (IN LIQUIDATION) V HORIZON INVESTMENTS LIMITED HC WN CIV 2007-485-1963 20 February 2008 (NZ High Court)
Application to set aside statutory demand – Substantial dispute as to whether amounts are due – Pay when Paid – Pay if Paid

M SPENCER V JED RICE BUILDING CONTRACTORS LIMITED HC AK CIV 2007-404-007539 21 February 2008 (NZ High Court)
Application to stay liquidation proceedings – Payment of amount to solicitors trust account – Abuse of process – Discretion of the Court to stay proceedings – Solvency – Section 79 of the Construction Contracts Act

HOLMES CONSTRUCTION WELLINGTON LTD V REES HC AK CIV 2006-404-004129 3 March 2008 (NZ High Court)
Interim Judgment on bankruptcy notices – Enforcement proceedings - Determination cannot be transformed to final judgment by enforcement proceedings – Section 79 Construction Contracts Act – Insolvency Act – Court of Appeal to determine issue

PAGE & MACRAE LIMITED V REAL COOL LIMITED AND REAL COOL HOLDINGS LIMITED HC TAU CIV 2007-404-5774 29 April 2008 (NZ High Court)
Enforcement of a determination – Jurisdiction – Charging Orders

CIVIL CONSTRUCTION GROUP LIMITED v DHUEZ LIMITED (IN REC) HC AK CIV-2006-404-4336 4 June 2008 (NZ High Court)
Payment claim – Failure to identify claim as under Act

TAYLER V LAHATTE AND ANOR HC AK CIV 2007-404-6843 24 June 2008 (NZ High Court)
Application for Judicial Review – Enforcement of Determination – Principles of Natural Justice – Breach of Natural Justice – Engagement of Expert – Consequences of failure to engage an expert

SAINT-ALEXIS AND ANOR V HANNA HC BLE CIV 2008 406 108 24 June 2008 (NZ High Court)
Application to set aside summary judgment – Right of Trustee to sue – Payment Schedule – Consequences of failure to provide a Payment Schedule

SUGULOGOVALE & SANIELO SUANIU V HI-QUAL BUILDERS LIMITED HC AK CIV 2008-404-001576 26 June 2008 (NZ High Court)
Application for Summary Judgment – Payment Schedule – Consequences of failure to provide a Payment Schedule – Code of Compliance Certificate – Recovery of Costs – Interest

BLOSSOM WOOL LIMITED V J W PIPER HC AK CIV 2008-404-000161 30 June 2008 (NZ High Court)
Application to set aside statutory demand – Genuine dispute – Arguable basis for dispute – Role of Court in statutory demand hearings – Requirements for a Contract – Costs awarded on 2B basis
 
BENTZEN FARM LTD V BAYLEY & ANOR HC WHA CIV-2008-488-653 22 September 2008 (NZ High Court)
Application for Judicial Review – Enforcement of Determination – Interim Relief – Financial Instability – Application to proceed to full hearing
BILL HAMILTON AND ANOR V DISPUTES TRIBUNAL AND ANOR HC DUN CIV 2007-412-000861 8 October 2008 (NZ High Court)
Application for Judicial Review – Jurisdiction of Disputes Tribunal – Breach of natural justice - Prejudice to parties – Conduct of hearing
 
BILLS AND ANOR V ARNOLD JENSEN (2005) LIMITED HC CHCH CIV 2008-409-001349 10 October 2008 (NZ High Court)
Adjudication - Payment Dispute - Payment Claim - Residential Occupier - Payment Schedule - PO Box - Service of Notices under Construction Contracts Act

MA COLES V B BARNETT HC NAP CIV 2008-441-422 10 October 2008 (NZ High Court)
Application for Summary Judgment – Payment Claim – Payment Schedule – Charge up contract

PEARSON GROUP LIMITED V KALPANA PATEL DC WN CIV-2008-085-000962 24 OCTOBER 2008.pdf
AKV2 LIMITED V AUCKLAND CONCRETE HOMES LIMITED HC AK CIV 2008-404-005972 24 October 2008 (NZ High Court)
Application for withdrawal of a Caveat – Caveat entered notwithstanding the offer to pay money into a trust account – Prejudice to parties – Provision of Security – Caveat removed by order of the Court

HEB CONTRACTORS LIMITED V REDHILL DEVELOPMENT(NZ) LIMITED HC AK CIV 2008-404-004398 7 November 2008 (NZ High Court)
Application for Summary Judgment – Award of Costs – Costs to be paid by party who discontinues proceedings – Referral to Arbitration

ARNOLD JENSEN (2005) LIMITED V TREVOR JAMES BILLS AND ANOR HC CHCH CIV 2008-409-001349 26 November 2008 (NZ High Court)
Application for leave to appeal to Court of Appeal – Issue of Payment Claims to PO Box – Service of Payment Claims – Residential occupier forms – Section 67 Judicature Act 1908 – Merits of case – Quantum in dispute – Public Interest - Cost of appeal – Application for leave to appeal unsuccessful

AUMUA V LAMBETH CONSTRUCTION LIMITED (TRADING AS FIX IT BUILDING SERVICES) HC AK CIV 2008-404-007791 16 December 2008 (NZ High Court)
Application for leave to appeal – Summary Judgment – Delay in filing application – Consideration of the merits – Application for leave refused
 

2007


ESOON LIMITED V GRIEVE AND JOLLANDS AND ANOR HC AK CIV 2006-404-6687 7 February 2007 (NZ High Court)
Proceedings against Liquidator – Status of determination - Set-Off against a Determination – Court held that the correct amount to be registered in liquidation was amount of Determination without deduction for any alleged set-off

HOLMES CONSTRUCTION WELLINGTON LTD V REES & ANOR HC AK CIV 2006-404-4219 9 February 2007 (NZ High Court)
Application to set aside bankruptcy notice – Review of bankruptcy and insolvency law – Relationship to s79 of Construction Contracts Act – Counterclaim – Set-Off – Application adjourned

METALCRAFT INDUSTRIES LTD V CHRISTIE HC WHA CIV 2006-488-645 15 February 2007 (NZ High Court)
Appeal to High Court – Letter from a solicitor does not constitute a valid Payment Schedule – Counterclaim – Set-Off – Denial of liability – Costs
WINSLOW PROPERTIES LTD V WOODING CONSTRUCTION LTD HC AK CIV 2006-404-4969 4 April 2007 (NZ High Court)
Appeal against District Court decision – Payment Claim – Technical quibbles - Letter with attachments could be considered a valid Payment Claim – Service of Payment Claim on Engineer or Principal – Payment Procedures under the Act – Appeal dismissed

BERGIN V NORTH SHORE CITY COUNCIL & ORS HC AK CIV 2006-404-2295 5 April 2007 (NZ High Court)
Application for Summary Judgment – Building Act 1991 – Negligence of developer – Duty of Care owed – What constitutes a Deed – Liability of Directors

INSITE DESIGN & DEVELOPMENT LTD V JOHN SADLER HC AK CIV 2006-404-357 27 April 2007 (NZ High Court)
Appeal against refusal to grant Summary Judgment – Payment Claim – Payment Schedule – Counterclaim and set-off of liquidated amount – Insolvency Act – Solvency – Setting aside a bankruptcy notice

CORPORATE JET SERVICES LTD V RUSSELL STEWART WARD & ORS HC AK CIV 2006-404-357 18 May 2007 (NZ High Court)
Application for Summary Judgment – Breach of Contract – Application for Strike Out Counterclaim – High Court Rule 186 – Guarantee – Obligations of Directors – Security for Costs – Test for Impecuniosity – Payment Claim

SILVERPOINT INTERNATIONAL LTD & ORS V WEDDING EARTHMOVERS LTD HC AK CIV 2007-404-104 30 May 2007 (NZ High Court)
Application to set aside 6 statutory demands – Genuine Dispute as to whether amounts owed –Construction Contracts Act and setting aside Statutory Demands – Failure to issue a Payment Schedule – Counterclaim and Set-Off – Liquidated amount – Section 79 Construction Contracts Act

CARLOS CONCEPTS LTD V ROCKFORD CONSTRUCTION SERVICES LTD HC AK CIV 2006-404-6516 31 May 2007 (NZ High Court)
Application to set aside statutory demand – Application for Costs – Parties settled before Court – Court will not intervene where parties have reached a settlement

BLUEMOVER ONE LIMITED V THE BREEN CONSTRUCTION COMPANY LIMITED AND ORS HC DUN CIV 2006 412 001022 3 July 2007 (NZ High Court)
Adjudication – Costs award in Adjudication process – Risk of adverse costs if threshold met

HALLS EARTHWORKS LIMITED (IN LIQUIDATION) V DONOVAN DRAINAGE AND EARTHMOVING LIMITED HC WHA CIV 2007-488-000144 18 July 2007 (NZ High Court)
Application for Summary Judgment – Allegation of fraud - Status of Determination issued under Construction Contracts Act – Service of Notices under Construction Contracts Act – Cross Examination on Summary Judgment – Estoppel – Jurisdiction – Judicial Review

HALLS EARTHWORKS LIMITED (IN LIQUIDATION) V DONOVAN DRAINAGE AND EARTHMOVING LIMITED HC WHA CIV 2007-488-000144 10 August 2007 (NZ High Court)
Application for costs – Summary Judgment Application successful – Actual costs - Expert fees and expenses – Costs awarded

INSITE DESIGN & DEVELOPMENT LTD V JOHN CAMERON SADLER HC AK CIV2006-404-4528 13 September 2007 (NZ High Court)
Application to recall judgment or stay bankruptcy petition – Ability of Court to recall a decision – Application for recall denied – Application for stay of bankruptcy petition denied

COMMERCIAL RECEIVABLES LTD V WILLIAM JOHN THOMPSON & ORS HC AK CIV 2006-404-3036 14 September 2007 (NZ High Court)
Application for Summary Judgment – Substituted plaintiff – Use of credit facility to construct a residential home – Failure of bank to make payments – Application for Summary Judgment dismissed

AUCKLAND WATERPROOFING V TPS CONSULTING HC AK CIV-2007-404-005890 11 December 2007 (NZ High Court)
Application for costs – Summary Judgment application – Expenses incurred unnecessarily – Costs awarded

LAYWOOD & REES V HOLMES CONSTRUCTION WELLINGTON LIMITED HC AK CIV 2006-404-4152 13 December 2007 (NZ High Court)
Appeal against decision of the District Court – Jurisdiction of District Court – Section 73 Construction Contracts Act – Enforcement by District Court of Determinations – Natural Justice – Need for an oral hearing – Appeal dismissed
 

2006


STEELE v SEREPISOS SC 682005 4 September 2006 (NZ Supreme Court)

sale and purchase agreement – jurisdiction of CCA – construction work under agreement – construction contract

SALEM LTD v TOP END HOMES LTD CA CA169/05 4 April 2006 (NZ Court of Appeal)

CASATA v GENERAL DISTRIBUTORS LTD SC26.2005 SCNZ 15 March 2006 (NZ Supreme Court)

PARKER CONSTRUCTION MANAGEMENT (NZ) LTD V ADEN ELECTRICAL LIMITED HC WN CIV2005-485-1334, 13 February 2006 (NZ High Court)
Application to set aside statutory demand – Status of Retentions – Pay when paid can operate for contracts entered into before the Construction Contracts Act – Payment Claim – Payment Schedule

JIAN HUA PROPERTY LTD V FREEMONT DESIGN & CONSTRUCTION LTD HC AK CIV 2005-404-5526 16 February 2006 (NZ High Court)
Application to set aside statutory demand – Issue of Payment Schedule by the Engineer on behalf of the Principal – Payment Claim - Inclusion of a claim for loss of profit and damages for downtime in Payment Claim
JIAN HUA PROPERTY LTD V FREEMONT DESIGN & CONSTRUCTION LTD HC AK CIV 2005-404-5526 29 March 2006 (NZ High Court)
Application for costs to be ordered – Court confirmed costs to follow the event – Respondent obtained an order for costs in its favour.
 
CONCRETE STRUCTURES (NZ) LTD V PALMER & ANR HC ROT CIV 2004-463-825 6 April 2006 (NZ High Court)
Judicial Review – Section 8 Judicature Amendment Act 1972 - Jurisdiction of Adjudicator to award interest – Estoppel – Is the Court bound by the decision of the adjudicator – Interim relief to prevent enforcement of determination
 
Stellar Projects Limited v Nick Gjaja Plumbing Limited HC AK CIV 2005-404-6984 10 April 2006 (NZ High Court)

Appeal against determination being entered as a judgment in the District Court – Section 72 District Courts Act 1947 – Section 73 and Section 74 of Construction Contracts Act – Appointment of Adjudicator by Authorised Nominating Authority

There was no standing to act as adjudicator as the proper appointment process had not been followed with no agreement made between the party nor any appointment made by an authorised nominating authority. Therefore, no basis for the entry of judgment in the District Court.

Appeal allowed.  Determination has no effect in law or in equity.
 
TGC PROPERTIES LTD V FREEMONT DESIGN & CONSTRUCTION LTD HC AK CIV 2005-404-7165 10 April 2006 (NZ High Court)
Application to set aside statutory demand – Failure to issue a valid Payment Schedule – Does the Act prevent parties disputing that there is a debt due – Demand set aside on basis of dispute

DOWNER CONSTRUCTION (NEW ZEALAND) LTD V SILVERFIELD DEVELOPMENTS LTD HC 11 MAY 2006.pdf (NZ High Court)
 
QC CONSTRUCTION LTD V APT TILING LTD HC AK CIV 2006-404-00676 & CIV 2006-404-0086 19 May 2006 (NZ High Court)
Application to set aside statutory demand – Section 79 of the Construction Contracts Act – Counterclaim - Set-Off – Debt Due
 
WILLIS TRUST COMPANY LTD & ANOR V GREEN & ANOR HC AK CIV 2006-404-809 25 May 2006
Judicial Review – Court entitled to review error of law – Estoppel and waiver – Act applies notwithstanding Agreement to Arbitrate – Payment Claim – Payment Schedule – Jurisdiction of Adjudicator – Service - Costs – Charging Order
 
MARSDEN VILLAS LTD V WOODING CONSTRUCTION LTD HC AK CIV 2006-404-2136 25 May 2006 (NZ High Court)
Suspension of Construction Work under the Act – Time period for issue of Payment Claims – Service of Claims and Schedules – Failure to provide valid Payment Schedule.

FREEMONT DESIGN & CONSTRUCTION LTD V NATURES VIEW JOINERY LTD TA NEBULITE WAIKATO HC HAM CIV 2006-419-269, 26 July 2006 (NZ High Court)
Application to set aside statutory demand – s290 Companies Act – Matter being referred to arbitration – Section 74 of Construction Contracts Act – Counterclaim – Set-Off – Entry of Determination as Judgment – Discussion about purpose of Construction Contracts Act
 
CONSTRUCTION SERVICE COMPANY (WELLINGTON) LTD (IN REC) V WELLINGTON WATERFRONT LTD HC WN CIV 2006-485-2287 13 September 2006 (NZ High Court)
Application for Summary Judgment – Principles of Summary Judgment – Failure to issue a Payment Schedule – Issue of Notice of Default – NZS3910:2003 – Section 79 of Construction Contracts Act

KIZER BUILDERS LTD V OEC CONSTRUCTION LTD HC WN CIV 2006-485-2287 16 November 2006 (NZ High Court)
Liquidation – Failure to satisfy Statutory Demand – Allegation that debt is disputed – Failure to defend enforcement proceedings – Solvency
 
WINSLOW PROPERTIES LIMITED V WOODING CONSTRUCTION LIMITED HC AK CIV 2006-404-004969 14 December 2006 (NZ High Court)
Appeal against Summary Judgment – No contracting out of the Act permitted – Payment Claim – Letter and attached documents read together constitute a valid Payment Claim – Time for issuing a Payment Schedule – Provisions of Contract – Provisions of Act – Appeal dismissed
 
WESTNORTH LABOUR HIRE LTD V S B PROPERTIES LTD HC AK CIV 2006-404-1858 19 December 2006 (NZ High Court)
Summary Judgment – Appeal against refusal by District Court to enter summary judgment – Payment Claim – Payment Schedule – Is a letter a valid Payment Schedule – Time for provision of Payment Schedule – Without Prejudice communications – Appeal dismissed
 
MULES CONSTRUCTION LTD V WEDDING EARTHMOVERS LTD HC AK CIV 2006-404-4570 20 December 2006 (NZ High Court)
Application for Summary Judgment – Payment Claim – Payment Schedule – Is a letter a valid Payment Schedule – Time for provision of Payment Schedule – Residual discretion of District Court – Section 21 of Construction Contracts Act
 

2005


SALEM LTD V TOP END HOMES LTD CA CA169/05 12 December 2005 (NZ Court of Appeal)

SALEM LTD v TOP END HOMES LTD CA 169/05 27 September 2005 (NZ Court of Appeal)
 

SOLIDCRETE TECHNOLOGY LTD v FIRST PACIFIC INVESTMENTS LTD CIV-2005-004-224 13 May 2005 (NZ District Court)

Payment claim – Form – Course of conduct – Payment schedule – ‘Indicate’ definition


GEORGE DEVELOPMENTS LTD v CANAM CONSTRUCTION LTD CA 244/04 12 April 2005 (NZ Court of Appeal)

CONCRETE STRUCTURES v PALMER HC CIV2004_463_835 7 APRIL 2005 (NZ High Court)

WEST CITY CONSTRUCTION LTD V TIMOTHY LAIRD EDNEY HC CIV-2005-404-001-066_1JULY2005 (NZ High Court)

MARSDEN VILLAS LIMITED V WOODING CONSTRUCTION LIMITED HC AK CIV-2006-404-002136 25may 2005 (NZ High Court)

TOP END HOMES v SALEM HC CIV 2005 488 000332 19 JULY 2005 (NZ High Court)
Plaintiff (builder) seeking summary judgment against defendant for work carried out on defendant's property pursuant to a construction contract. Defendant failed to pay final payment claim sum submitted by plaintiff, or to submit a payment schedule within the time limit required under the CCA. Judgment in favour of plaintiff, summary judgment granted as Court satisfied that defendant had no reasonably arguable defence.

BROOKLYN HOLDINGS v ABLE HANDYMAN SERVICES HC CIV 2005-485-1362-13.SEPT.2005
10 GILMER LTD V TRACER INTERIORS AND CONSTRUCTION LTD HC WN CIV 2005-485-2009 6 December 2005 (NZ High Court)
Application to set aside a Statutory Demand – Relationship between s79 of Construction Contracts Act and s290 of Companies Act – Consequences of failure to issue a valid Payment Schedule
 
SCI DEVELOPMENT & CONSTRUCTION LTD V NZ BUILT LTD HC AK CIV 2005-404-3656 23 December 2005 (NZ High Court)
Application to set aside a statutory demand – s290 Companies Act 1993 – Counterclaim and set-off – Unliquidated Amount – s79 of Construction Contracts Act – Impact of ADR on Statutory Demand Process
 

2004

 

TUF PANEL CONSTRUCTION v CAPON CIV-2003-044-2801 15 March 2004 (NZ District Court)

O'CONNOR HOLDINGS LTD v ACE BUILDERS CONSTRUCTION LTD CIV-2004-084-24 2 September 2004 (NZ District Court)

Construction contract definition.

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