Body Corporate 200012 v Keene & Ors  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.
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.
PAK HOLDINGS LIMITED (T/A HUMPHRIES CONSTRUCTION) v PROLIANT NZ LIMITED  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  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.
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  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.
WEST CITY CONSTRUCTION LTD v HENRY DAVID LEVIN AND DAVID STUART VANCE AS LIQUIDATORS OF ST GEORGE DEVELOPMENTS LTD (IN LIQUIDATION)  NZSC 183 15 December 2014 (NZ Supreme Court)
WATTS HUGHES CONSTRUCTION LIMITED v COMPLETE SITEWORKS COMPANY LIMITED  NZCA 564 26 November 2014 (NZ Court of Appeal)
WAIORA TRADING LTD v O’SULLIVAN  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  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  NZHC 460 13 March 2014 (NZ High Court)
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.
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
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.
Costs – Section 24 Volcanic Investments, Laywood v Homes Construction Wellington Ltd
Application to set aside third party notice and summary judgement notice – Indemnity – Concurrent liability.
Application to set aside statutory demand – Payment claim – Payment schedule – Estoppel – Section 70 – Substantial dispute – Set-off/counterclaim.
Property suspension – Council authority – Judicial review – ‘Land’ definition – ‘Construction work’ definition from CCA.
Costs – Primary relief Sunglass Hut New Zealand Ltd v Amtrust Properties Ltd
Application to set aside statutory demand – Service – Nullity
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.
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.
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)
Costs – Awarded to the defendant in part
Security of costs – Awarded to defendant – Court’s discretion
Application for award as judgement – Discretion Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd – Stand down period
Costs Auckland Waterproofing Ltd v TPS Consulting Ltd – Indemnification Westpac Banking Corporation v Topless – Awarded to plaintiff
Application to set aside statutory demand – Not granted
Application to set aside statutory demand – Not granted – Payment schedule – Must specify amount – Payment claim – Reference to order number sufficient identification for construction work
Application to set aside statutory demand – Agency – Not granted
Application for freezing order – International
Costs – Awarded to plaintiff
Application to set aside statutory demand – No set-off clause Brown’s Real Estate Ltd, Simply Logistics Ltd v Real Foods Ltd
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.
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
Summary judgment for levies
Application for statutory demand – Immediate liquidation order – ‘Pay now argue later’ arguments not absolute
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)
Application to set aside bankruptcy notice – Agreement to exclude crossclaims
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
OGILVIE v L STEVENS BUILDERS LIMITED CIV-2010-063-000299 18 February 2011 (NZ District Court)
Application for liquidation of defendant – Section 310 of Insolvency Act overrides CCA
Payment claims – Progress payments
Caveat – Prejudicial disposition
Costs – Equal apportionment
Costs – Awarded to plaintiff
Costs – Reduced amount awarded to plaintiff
Estoppel – Res judicata – Jurisdiction of ‘party’ – Collateral contracts
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
Application to set aside bankruptcy notice Laywood v Holmes Construction Ltd – Not granted.
Summary judgement; granted, reasonable defence. Potential claim as residential owner under CCA
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
Costs – Awarded to plaintiff
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
Application to set aside statutory demand – Not granted
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.
Set aside statutory demand; partially granted; invalidity of payment schedule, substantial dispute proven
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
Application for summary judgment – Payment claim – Invalid due date – Cannot amend defect through subsequent payment claim
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
Application for set-off and counterclaim under PLA
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
Judicial review – Strike-out principles – Issue estoppel
Application to set aside statutory demand – Court discretion – Construction work definition not – Installation of software
Costs – Awarded to plaintiff
Summary judgment – Addition of ‘parties’
Expert Determination – Application for stay of proceedings – Completion statements
Weathertight Homes Tribunal appeal – Individual liability
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)
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.
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 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)
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’.
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.
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)
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)
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
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.
Application for interim relief – Judicature Act – Suspension – Bankruptcy – Adjudication – Judicial Review – Payment Claim – Payment Schedule – Costs – Application for interim relief successful
ARNOLD JENSEN 2005 LTD v BILLS & OTHERS CIV-2008-009-54 5 June 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)
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)
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)
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
STEELE v SEREPISOS SC 68/2005 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)
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.
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
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.
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
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)
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_825 6 APRIL 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.
TUF PANEL CONSTRUCTION v CAPON CIV-2003-044-2801 15 March 2004 (NZ District Court)
Construction contract definition.