- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Abel Point Marina (Whitsundays) Pty Ltd v Uher and Anor [2006] QSC 295
JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY STATUTE – where the applicant sought review of a decision by an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) – where the adjudicator did not provide the applicant with the opportunity to provide further information – where the adjudicator was bound to follow procedures set out in the Act – whether rules of natural justice were breached
JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the adjudicator committed an error of law - JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – whether there was sufficient evidence or other material to justify the adjudicator’s decision – whether the adjudicator made a decision in relation to a jurisdictional fact - Administrative Decisions (Judicial Review) Act 1977 (Cth) s5 - Building and Construction Industry Payments Act 2004 (Qld) s 7, s 8, s 17, s 18, s 21, s 22, s 24, s25, s 26, s30, s31, s60, s100 - Judicial Review Act 1991 (Qld) s 20(2)(a), s 20(2)(f), s 20(2)(h), s 24 - Australian Retailer Association v Reserve Bank of Australia (2005) 148 FCR , cited - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport [2003] NSWSC 1019, cited - Kioa v West [1985] HCA 81; (1985) 159 CLR 550, followed - Pioneer Shipping Ltd v BTP Tioxide Ltd (The Nema) [1982] AC 724, cited - Re Caf Grains [1994] Qd R 252, cited - Transgrid v Walter Construction Group [2004] NSWSC 21, cited - Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414, cited
Click here to read full-screen | Click here to print the case