Spankie & Ors v James Trowse Constructions Pty Limited [2010] QCA 355

Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovery of progress payments - Payment claims – where the appellants and respondent entered into a construction contract and the respondent served a payment claim on the appellants – where the payment claim was adjudicated under Building and Construction Industry Payments Act 2004 (Qld) (‘BCIPA’) – where adjudication decision declared void – where the respondent served on the appellants a subsequent payment claim, claiming an unpaid amount from the earlier claim – where the appellant’s applied for a declaration that the subsequent payment claim was void as an abuse of process or as a second payment claim in contravention of s 17(5) of BCIPA – where the primary judge dismissed the application – whether there is a general implication in BCIPA against the re-agitation of a payment claim in a subsequent claim – whether the respondent’s subsequent payment claim contravened s 17 of BCIPA – whether s 32 of BCIPA excluded the respondent’s right to make the subsequent payment claim for an amount subject to a void adjudication determination

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