Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd & Ors [2007] QSC 333

CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS – ADJUDICATION - where the first respondent sent the applicant an invoice for building work completed – where the applicant sent an email to the first respondent refusing to accept the invoice and suggesting the parties meet to discuss the claim and amount payable – where in response the first respondent applied under s21 of the Building and Construction Industry Payments Act 2004 (Qld) for an adjudication of the dispute – where the second respondent was appointed as adjudicator – where the applicant argued that the appointment was precluded on the grounds that the applicant had issued a payment schedule to the first respondent as defined under the Act – whether the applicant’s email constituted a payment schedule under s18 of the Act – whether the second respondent should have granted the applicant an opportunity to make submissions regarding the nature of the email

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