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John Holland Pty Ltd v Walz Marine Services Pty Ltd & Ors [2011] QSC 39
Contracts – Building, engineering and related contracts – The contract – where applicant company constructing wharf and coal loading facility – where first respondent subcontractor for marine works – where first respondent submitted claims for delay and disruption costs pursuant to subcontract – where first respondent made adjudication application under the Building and Construction Industry Payments Act 2004 – where adjudicator allowed the claim – where applicant applied for order that the decision be quashed or set aside – where applicant applied alternatively for declaration that decision is void or for order restraining the first respondent from enforcing or relying on decision – whether adjudicator erred in not applying his mind to the task of valuation of claims as required - Contracts - Building, engineering and related contracts – The Contract – Construction of certain contracts – where adjudicator held that subcontract entitled first respondent to delay and disruption costs for delay caused by inclement weather occurring after date for substantial completion – whether adjudicator erred in his interpretation of the subcontract
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