National Vegetation Management Solutions Pty Ltd v Shekar Plant Hire Pty Ltd [2010] QSC 3

Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of entitlement to and recovery of Progress Payments – where respondent was awarded a contract by Powerlink Queensland to carry out land clearing for a power transmission line – where respondent engaged applicant to carry out part of its contract – where applicant submitted invoice to respondent claiming $511,324.44 – where applicant seeks orders that respondent pay it $511,324.44, being a debt owing pursuant to Building and Construction Industry Payments Act 1994 (Qld) – where by letter to applicant headed “Without Prejudice” respondent’s solicitor disputed amount claimed and offered to pay lesser amount – whether respondent’s solicitor’s letter a “payment schedule” within the meaning of s 18 of the Building and Construction Industry Payments Act 1994 (Qld) – whether respondent liable to pay amount claimed – whether applicant entitled to recover amount claimed as a debt

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