John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited & Ors [2012] QCA 150

 Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where appellant subcontracted work to first respondent – where first respondent  served  payment  claim  under  s  17(1)  of  the Building and Construction Industry Payments Act 2004 on appellant and appellant served payment schedule in reply to payment claim under s 18(1) of the Act – where first respondent served adjudication application under s 21 of the Act and appellant served adjudication response under s 24 of the  Act  –  where  third  respondent  delivered  adjudication decision – where appellant applied in Trial Division for declaration that adjudication void and should be set aside – where appellant argued adjudication decision void because first respondent’s payment claim not made from a valid “reference date” as required by s 12 of the Act – where the appellant argued  adjudication decision  should  be  declared void because adjudicator found contractual bar of subcontract inapplicable on a basis which neither party contended – whether the adjudication decision was void and should be set aside - Building and Construction Industry Payments Act 2004 (Qld), s 12, s 17(1), s 18(1), s 21, s 24, s 26, s 99 - Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36, cited - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport (2004) 61 NSWLR 421; [2004] NSWCA 394, cited Chapmans Ltd v Australian Stock Exchange Ltd (1996) - 67 FCR 402; [1996] FCA 1568, cited - John Goss Projects Pty Ltd v Leighton Contractors Pty Ltd (2006) 66 NSWLR 707; [2006] NSWSC 798, cited Minister for Commerce v Contrax Plumbing & Ors [2004] NSWSC 823, considered - Simcorp Developments & Constructions Pty Ltd v Gold Coast - Titans Property Pty Ltd [2010] QSC 162, considered - Spankie & Ors v James Trowse Constructions Pty Limited [2010] QCA 355, considered

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