Bloomer Constructions (Qld) Pty Ltd v O'Sullivan & Anor [2009] QSC 220

Administrative Law – Judicial Review – Reviewable Decisions and Conduct – Decisions to which Judicial Review Legislation applies – Excluded Decisions – Other Decisions – where the applicant entered into a contract with the second respondent for building and construction services – where the second respondent issued a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the first respondent adjudicator was appointed under the Building and Construction Industry Payments Act and adjudicated in favour of the second respondent – where the applicant applies for a prerogative order under Part 5 Judicial Review Act 1991 (Qld) to quash the adjudication decision – where under an amendment by the Justice and Other Legislation Amendment Act 2007, Part 3 Division 2 Building and Construction Industry Payments Act is an enactment to which the Judicial Review Act does not apply – whether Part 5 Judicial Review Act is excluded from applying to Part 3 Division 2 Building and Construction Industry Payments Act 2004 – whether the adjudication decision can be subject to review under Part 5 Judicial Review Act

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