Securcorp Ltd v Civil Mining & Construction Pty Ltd [2009] QSC 249

Contracts – Building, Engineering and related Contracts – Other matters – where the Building and Construction Industry Payments Act 2004 (Qld) sets out a regime for making a payment claim under a construction contract – where the respondent undertook not to serve any further payment claim – where the applicant seeks a declaration that it is not liable to pay the respondent for building work – where there is extensive evidence on behalf of the applicant that there is no basis for a claim by the respondent – where the lack of evidence to the contrary is due to the respondent’s being directed to file material only in the event that the adjudicator ruled in its favour, which did not occur – whether it should be declared that the applicant is not liable to pay the respondent for building work undertaken

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