McConnell Dowell Constructors (Aust) Pty Ltd v Heavy Plant Leasing Pty Ltd [2013] QSC 223

Contracts – Building, Engineering and related contracts - Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Sub Contractors’ Charges Act (QLD) – where the applicant is a subcontractor providing earthworks and where the first respondent is its subcontractor – where the first respondent served the applicant with notices of claim of charges pursuant to s 10(1)(a) Subcontractors’ Charges Act 1974 (Qld) (Charges Act) – where the applicant contended the notices were not sufficiently particularised and consequently invalid and “must be withdrawn” – where the first respondent accepted the notices were invalid – where the first respondent subsequently commenced adjudication proceedings pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act) – where the existence of a valid notice of claim of charge prohibits the making of an adjudication application – where the applicant contends the notices were not properly withdrawn pursuant to s 11(8) Charges Act – whether the notices were validly issued – whether there was an effective withdrawal of the notices

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