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Australia (Queensland) Cases
Click on a case to view.
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5th February 2010
Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where adjudication of claim for recovery of a progress payment – where adjudicator allowed recovery – where judgment obtained by filing adjudicator’s certificate – where legislation prohibited challenge to adjudicator’s decision – whether application for declaration that adjudicator’s decision void and for order setting aside judgment amounted to impermissible collateral attack on judgment. - Arbitration – Conduct of the Arbitration Proceedings – Powers, Duties and Discretion of Arbitrator – Generally – where legislation specified matters an adjudicator must take into account in making a determination – where adjudicator required...
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15th January 2010
Tenix Alliance P/L v Magaldi Power P/L [2010] QSC 7Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Validity of payment claim – Claim made after reference date not invalid Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Prolongation costs for period after payment claim – Not costs of construction work Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Validity of payment schedule – Interpretation of schedule – Statement of amount proposed to be paid – Statement of reasons for withholding part of amount claimed – Non-compliance with statutory...
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12th January 2010
National Vegetation Management Solutions Pty Ltd v Shekar Plant Hire Pty Ltd [2010] QSC 3Contracts – 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...
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12th January 2010
National Vegetation Management Solutions P/L v Shekar Plant Hire P/L [2010] QSC 3Contracts – 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...
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18th December 2009
Body Corporate San Miguel Community Titles Sceme 12076 v Wilcox & Ors [2009] QDC 400Body Corporate Community Title Schemes- Where plaintiff Body Corporate abridged time for holding general meeting to accept quote for urgent repairs to common property; where defendants allege that the abridgment was not fair and reasonable; where defendants fully pursued rights to challenge the decision under the Body Corporate and Community Management Act 1997 including an appeal to the District Court which was not pursued; whether decisions of Adjudicators under the Act with dismissal of appeal gives rise to an issue estoppel and/or res judicata; where defendants are not legally represented at trial but were so for appeal and filing of defence; whether meeting was lawfully held and special levy imposed for repairs valid.
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4th December 2009
B J and S Paterson Pty Ltd (t/a Cooloola Civil Constructions) v Eleventh Trail Pty Ltd [2009] QDC 380Building and Construction – Payment Claim - Building and Construction Industry Payments Act 2004 - Adjudicator's determination - Adjudication certificate and judgement; whether claim upon which the adjudicator’s decision is based was void; whether judgment and enforcement warrant should be permanently stayed. Legislation:Building and Construction Industry Payments Act 2004 (Qld)
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27th November 2009
Neumann Contractors P/L v Peet Beachton Syndicate Limited (No 2) [2009] QSC 383Procedure – Costs – Departing from the general rule – Other Cases – Failure in portion of a case – where the applicant’s application for judgment against the respondent was dismissed – where there were two issues to be determined in the proceedings: whether a payment claim complied with s 17 Building and Construction Industry Payments Act 2004 (Qld) and whether the applicant, through its employee, had engaged in misleading and deceptive conduct – where the respondent was successful on the first issue but failed to discharge its onus of proof on the second issue – where the applicant contends for a costs order pursuant to r 684 of the Uniform Civil Procedure Rules 1999 (Qld) – whether costs should follow the event.....
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20th November 2009
Neumann Contractors P/L v Peet Beachton Syndicate Limited [2009] QSC 376Contracts – Building, Engineering and related Contracts – Remuneration – Recovery – where the applicant entered into a construction contract with the respondent – where the applicant made a payment claim against the respondent – where the applicant applies for judgment against the respondent pursuant to s 19(2)(a)(i) of the Building and Construction Industry Payments Act 2004 (Qld) – whether the payment claim was valid under the Building and Construction Industry Payments Act 2004 (Qld)
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4th November 2009
Reed Constructions (Qld) Pty Ltd v Martinek Holdings Pty Ltd [2009] QSC 345Contract – Building, Engineering and related Contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where the applicant served on the respondent a payment claim pursuant to s 17 of the Building and Construction Payments Act 2004 (Qld) – where the respondent did not file a payment schedule within 10 days of receiving the payment claim – where applicant claimed in those circumstances the respondent became liable to pay the amount claimed –whether payment claim served on the correct date – whether the claim served was a final payment claim
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27th October 2009
Martinek Holdings Pty Ltd v. Reed Construction (Qld) Pty Ltd [2009] QCA 329Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where adjudication decision made in favour of the respondent under Building and Construction Industry Payments Act 2004 (Qld) ("the Act"), obliging the appellant to pay the respondent $919,634.91 with respect to its claimed progress payment – where adjudication decision converted into adjudication certificate and judgment of the Supreme Court under the Act – where superintendent under the contract between the parties issued its final certificate, obliging the appellant to pay the respondent $72,027.27 with respect to its claimed progress payment – where the respondent served notice of dispute under contract with respect to superintendent's final certificate – whether the adjudication certificate...