Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors [2012] QSC 264

Administrative Law – Judicial Review – Grounds of review – Jurisdictional matters – where applicant sought declaration that payment claim under the Building and Construction Industry Payments Act 2004 and/or adjudication decision on it were void for jurisdictional error – where applicant contended that payment claim was invalid and that adjudicator lacked jurisdiction to adjudicate upon it because the claimant was not licensed under the Queensland Building Services Authority Act 1991 – whether an enforceable contract within the meaning of BCIPA existed between the applicant and first respondent – where the first respondent was not licensed under the QBSA Act – whether the adjudication decision was void Building and Construction Industry Payments Act 2004 (Qld), s 12, s 17, s 31, schedule 2 Queensland Building Services Authority Act 1991 (Qld), s 31A, s 42, s 56, s 67E, s 67G Cant Contracting Pty Ltd v Casella [2006] QCA 538; [2007] 2 Qd R 13, cited.

Click here to read full-screen | Click here to print the case