Gemini Nominees Pty Ltd v Queensland Property Partners Ltd ATF The Keith Batt Family Trust [2007] QSC 20

BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION –STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where builder and owner entered into a written cost plus contract for renovation works to house property – where payment claim served by builder under Building and Construction Industry Payments Act 2004 (Qld) – where owner did not serve payment schedule – where no fair and reasonable estimate of total amount builder was likely to receive under the contract was given to owner pursuant to s 55 Domestic Building Contracts Act 2000 (Qld) – whether contract that is unenforceable under s 55(3) Domestic Building Contracts Act 2000 (Qld) is a contract to which Building and Construction Industry Payments Act 2004 (Qld) applies

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