HM Hire Pty Ltd v National Plant and Equipment Pty Ltd & Anor [2012] QSC 4

Building, engineering and related contracts – remuneration – statutory regulation of entitlement to and recovery of progress payments – adjudication of payment claims – where second respondent exercised jurisdiction as an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”) to decide that the applicant should make a progress payment to the respondent – where contract required the applicant to perform clear and grub works, topsoil stripping and placement at project site – where work actually performed was the excavation and removal of timber and topsoil from the site – whether the work carried out for which payment was sought was “construction work” – whether the work carried out fell within the exclusion under s 10(3)(b) of the Act

Building and Construction Industry Payments Act 2004 (Qld), ss 10(1), 10(3), 12; Mineral Resources Act 1989 (Qld), ss 6A(1), 6A(3); Queensland Building Services Authority Regulation 2003 (Qld), reg 5(y);

Brian Leigh Smith v Coastivity Pty Ltd [2008] NSWSC 313 referred; Federal Commissioner of Taxation v Broken Hill Pty Co Ltd (1969) 120 CLR 240 cited; Gonzo Holdings Pty Ltd v McKie [1996] 2 Qd R 240 cited; HM Australia Holdings Pty Ltd v Edelbrand Pty Ltd [2011] NSWSC 604 referred; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited; Taylor v Public Service Board (NSW) (1976) 137 CLR 208 cited; Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd [2011] QSC 345 followed

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