Simcorp Developments and Constructions P/L v Gold Coast Titans Property P/L [2010] QSC 162

Procedure  – Supreme Court Procedure – Queensland – Practice Uunder Rules of Court – Staying Proceedings – where the applicant, Simcorp Developments Pty Ltd, commenced proceedings in relation to payment claims made pursuant to the Building and Construction Industry Payments Act 2004 – where the applicant, Simcorp Developments Pty Ltd, seeks leave to discontinue those proceedings in favour of a new claim - whether appropriate to stay further proceedings until costs are paid – whether costs should be paid on the indemnity basis - Contract – Building, Engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where the applicant, Simcorp Developments Pty Ltd, served a payment claim pursuant to the Building and Construction Industry Payments Act 2004 on the respondent, Gold Coast Titans (Property) Pty Ltd – where a progress certificate had not been issued by the superintendent – where the payment claim included amounts covered by previous claims by  Simcorp Developments Pty Ltd, which Simcorp Developments Pty Ltd now seeks to discontinue – whether payment claim served on correct date - whether payment claim in breach of s 17(5) of the Act – whether payment claim valid Building and Construction Industry Payments Act 2004, s 12, s 13(a) and (b), s 15(1)(a), s 17(4),(5) and (6), s 99 Uniform Civil Procedure Rules 1999 r 312 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225, Applied Doolan v Rubikcon Pty Ltd [2008] 2 Qd R 117, cited Fitzgerald v Masters (1956) 95 CLR 420, applied J Hutchinson Pty Ltd v Galform Pty Ltd [2008] QSC 205, cited Plaza West Pty Ltd v Simon’s Earthworks (NSW) Pty Ltd [2008] NSWCA 279, distinguished Reed Constructions (Qld) Pty Ltd v Martinek Holdings Pty Ltd [2009] QSC 345, cited Tailored Projects Pty Ltd v Jedfire Pty Ltd [2009] QSC 32, cited Tenix Alliance Pty Ltd v Magaldi Power Pty Ltd [2010] QSC 7, cited

Click here to read full-screen | Click here to print the case