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Outwing Construction Ltd v H Randell and Son Ltd.

Series: Construction Law Journal ; [1999] 15 CLJ 308-313(3)Publication details: 1999Subject(s): Summary: QBD 15 March 1999. A dispute over payment in a construction contract was referred to adjudication. The adjudicator instructed R to pay O. O invoiced R requiring payment by 2 March. R disputed the decision, referred it to arbitration, and also maintained that the decision was in respect of final payment which was not due till 29 March. O issued a writ, and a summons to abridge time. On the morning of the hearing R paid the amounts claimed, but refused to pay the costs of the application to enforce the decision. R argued that the payment in full of the sums claimed in the writ stayed the proceedings, that the summons to abridge time was not justified, that R were entitled to their costs because they had paid in time for the application to be abandoned. Held, the court has jurisdiction to decide cost applications issued before the automatic stay. That the summons to abridge time was justified. That O were entitled to their costs of issuing the summons and pursuing it.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS61170 (Browse shelf(Opens below)) 1 Available 101759-1001

QBD 15 March 1999. A dispute over payment in a construction contract was referred to adjudication. The adjudicator instructed R to pay O. O invoiced R requiring payment by 2 March. R disputed the decision, referred it to arbitration, and also maintained that the decision was in respect of final payment which was not due till 29 March. O issued a writ, and a summons to abridge time. On the morning of the hearing R paid the amounts claimed, but refused to pay the costs of the application to enforce the decision. R argued that the payment in full of the sums claimed in the writ stayed the proceedings, that the summons to abridge time was not justified, that R were entitled to their costs because they had paid in time for the application to be abandoned. Held, the court has jurisdiction to decide cost applications issued before the automatic stay. That the summons to abridge time was justified. That O were entitled to their costs of issuing the summons and pursuing it.