Skinner v Timms & Anor [2009] QSC 46

Contracts – Building, Engineering and related Contracts – Remuneration – Recovery – where applicant is a builder who undertook construction of a house – where first respondent was applicant’s painting subcontractor – where first respondent issued a tax invoice in the amount of $13,550.31 to applicant – where applicant did not pay and first respondent sought an adjudication under the Building and Construction Industry Payments Act 2004 (Qld) – where second respondent was the adjudicator and made an adjudication decision in first respondent’s favour – where applicant challenges the validity of the adjudication decision – whether adjudicator had jurisdiction to make the decision – whether declaratory relief under s 128 of the Supreme Court Act 1995 (Qld) should be granted

Building and Construction Industry Payments Act 2004 (Qld), ss 7, 8, 12, 17, 18, 21, 24, 26 - Judicial Review Act 1991 (Qld), schedule 1 part 2 - Supreme Court Act 1995 (Qld), s 128 - Berem Interiors Pty Ltd v Shaya Constructions (NSW) Pty Ltd [2007] NSWSC 1340, cited - Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd [2008] QCA 213, cited - Brodyn Pty Ltd (t/as Time Cost & Quality) v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421, cited - Hitachi Ltd v O’Donnell Griffin Pty Ltd [2008] QSC 135, cited - Intero Hospitality Projects Pty Ltd v Empire Interior (Australia) Pty Ltd [2008] QCA 83, cited - J Hutchinson Pty Ltd v Galform Pty Ltd [2008] QSC 205, cited - TransGrid v Seimens Ltd [2004] NSWCA 395; (2004) 61 NSWLR 521, cited - Walton Construction (Qld) Pty Ltd v Salce [2008] QSC 235, applied

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