Ainsworth v RJ Neller Building Pty Ltd & Anor [2008] QDC 272

Uniform Civil Procedure rules r 5, r 165, r 171,r 280, r 483 re Building and Construction Industry Payments Act 2004 s 3 - separate determination that plaintiff a "resident owner" for purposes of the Act (being upon defendant builder's entitlement to bring a payment claim before an adjudicator) - argument that a person ordinarily resident elsewhere could not qualify rejected - plaintiff's claims for declaration that nothing owed to builder (notwithstanding adjudicator's unsatisfied awards in its favour) and for damages for alleged deficiencies in the work sought to be struck out or permanently stayed - grounds for defendant's application included that plaintiff's expert report foreshadowed in the pleading identifying unsatisfactory work as other particulars of it, were not forthcoming, plaintiff had "gutted" the premises so that while his experts had had access to them to examine the work, there was now nothing for the defendant's expert to see - plaintiff refused to allow defendant's people access to premises within 7 day period nominated in court's order, although offering access two days later.

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