McNab NQ Pty Ltd v Walkrete Pty Ltd & Ors [2013] QSC 128

Administrative Law – Judicial Review – Grounds of Review – Jurisdictional Matters – Employees of the subcontractor first respondent created a substantial safety risk in breach of instructions given by the applicant – The sub-contract allowed termination by the applicant for the first respondent’s default “in the performance or observance of any serious condition” – The applicant terminated its sub-contract with the first respondent, alleging the first respondent’s safety breach contravened a “serious condition” – A subsequent payment claim by the first respondent was upheld by an adjudicator under the

Building and Construction Industry Payments Act 2004 – Whether the adjudicator had jurisdiction to determine the adjudication application – Whether the sub-contract had been validly terminated for breach of a “serious condition

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