Mansouri & Anor v Aquamist P/L [2010] QCA 209

Contracts – General contractual principles – Building, Engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Progress payments – where the appellants were the registered owners of the land on which the respondent carried out work – where the respondent alleged that the appellants were liable for progress payments under the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where the primary judge gave summary judgment in favour of the respondent for a progress payment under s 19(2)(a)(i) BCIPA – where the appellants argued that the primary judge erred as there was a factual dispute about the existence of a construction contract – where the respondent conceded that the primary judge’s analysis could not be sustained but argued that direct agreements and arrangements demonstrated that the appellants were liable pursuant to s 17(1) BCIPA – whether the primary judge erred in giving summary judgment on the ground that the appellants were persons who were liable to make a progress payment under BCIPA – whether summary judgment was suitable given the lack of clarity on the evidence of the identities of the parties to the arrangement for construction work

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