HVAC (Qld) Pty Ltd v Xception Pty Ltd [2011] QDC 22

Contracts – Subcontract – agreement for supply of delivery and installation of mechanical services – statutory regulation of entitlement to and recovery of progress payments – claim for payment under the Building and Construction Industry Payments Act 2004 – application for summary judgment – existence of arguable defences under s 52 of the Trade Practices Act 1974 and/or estoppels - Respondent alleged applicant ahd engaged in misleading and deceptive conduct – Whether There is an Arguable Case for Breach of s 52 of Trade Practices Act 1974 (Cth) – whether summary judgment should be given - Estoppel – Respondent Alleged Estoppel Based on a Course of Conduct – whether estoppel available as a defence to an application for judgment on a payment claim

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