McCarthy v State of Queensland [2013] QCA 268

Contracts – Building, Engineering and related Contracts - Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Payment Claims – where the applicant and respondent entered into a construction contract – where the applicant made 17 payment claims pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where payment claim 17 claimed $272,987 in respect of under-measures on the Bill of Quantities – where the respondent contended that the payment claim contravened s 17(5) of the Act as it was in respect of work previously claimed for and paid in relation to earlier reference dates – where the applicant swore that these matters had not been included in any prior claim – where the respondent failed to serve a payment schedule on the applicant under s 18 of the Act – where s 19 of the Act gave the applicant a prima facie right to judgment for the unpaid amount of its claim if the respondent failed to serve a payment schedule – where the primary judge refused to make a finding as to whether payment claim 17 infringed s 17(5) of the Act and refused the applicant’s application for summary judgment pursuant to r 292 of the Uniform Civil Procedure Rules 1999 (Qld) – whether the payment claim contravened s 17(5) of the Act – whether summary judgment should be granted

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