Abel Point Marina (Whitsundays) Pty Ltd v O'Brien & Anor [2007] QSC 91

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – application for judicial review of decision of adjudicator made under Building and Construction Industry Payments Act 2004 (Qld) – where contractor’s claim for costs of delay or disruption allowed by adjudicator – where claim made under clause of the building contract – where liability of principal for delay or disruption costs necessarily incurred by contractor by reason of the delay was expressed in the relevant clause as dependent on the grant of an extension of time for delay or disruption caused by the principal, the superintendent, or those under the control of the principal or the superintendent – where adjudicator construed the relevant clause in such a way that did not require a determination of what extensions of time for the principal’s delay should have been granted under the building contract – where adjudicator erred in construction of relevant clause of the building contract

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