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Australia (Queensland) Cases
Click on a case to view.
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3rd June 2011
Vantage Holdings Pty Ltd v JHC Developments Group Pty Ltd [2011] QSC 155Contracts – Building, Engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – where the plaintiff claims payment of outstanding balances by the defendant – where the plaintiff served claims for progress payments - Procedure – Supreme court procedure – Queensland – Procedure under Uniform - Civil procedure rules and Predecessors – Summary Jugment – where the plaintiff files an application for summary judgment – where the application is by its express terms made pursuant to rule 292 of the Uniform Civil Procedure Rules 1999 (Qld) – whether the defendant had filed a notice of intention to defend – whether the application is one for judgment pursuant to the Building and Construction Industry Payments Act 2004 (Qld). - Procedure - Supreme...
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18th May 2011
Penfold Projects Pty Ltd v Securcorp Limited [2011] QDC 77Contracts - Building, Engineering and related contracts – Remuneration– Statutory regulation of entitlement to and recovery of progress payments – Payment claims– where the applicant and the respondent entered into a construction contract – where a Construction Manager was the third party to the contract – where in December 2010 and January 2011 the applicant sent by email to the Construction Manager documents addressed to the respondent care of the Construction Manager – where those documents were headed as “Progress Claim” and contained the statement, “This is a progress claim under the Building and Construction Industry Payments Act 2004” – where neither claim had been paid in part or in full by the respondent – where there was evidence on behalf of the respondent that the applicant at no...
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1st April 2011
VK Property Group Pty Ltd & Ors v Conias Properties Pty Ltd & Anor [2011] QSC 54Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Payment claims – Where the applicants and first respondent entered into a contract in respect of a unit complex development proposal – Where the first respondent made three payment claims – Where payment claim 1 was accepted as invalid and payment claims 2 and 3 were adjudicated under the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”) – Where the applicants allege the decision of the second respondent is void or should otherwise be set aside by reason of jurisdictional error – Whether the applicants have established such jurisdictional error - Building and Construction Industry Payments Act 2004 (Qld) - AE & E Australia Pty Ltd v Stowe Australia Pty Ltd...
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31st March 2011
Bodhi Space No 2 Trust v Jasmine May Grochau & Paul Sheep Investments Pty Ltd [2011] QDC 59Uniform Civil Procedure Rules r 292, r 293 Cross-applications by plaintiff and defendants for summary judgement - plaintiff successful - parties' deed held to require payment on dates stipulated for particular amounts aggregating $140,000, which was taken to be the relevant debt on dissolution of a partnership - payments to by made albeit on a provisions basis pending recourse to processes for raising and resolving disputes as to correctness of the $140,000 - no outcome from such processes to date
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11th March 2011
John Holland Pty Ltd v Walz Marine Services Pty Ltd & Ors [2011] QSC 39Contracts – Building, engineering and related contracts – The contract – where applicant company constructing wharf and coal loading facility – where first respondent subcontractor for marine works – where first respondent submitted claims for delay and disruption costs pursuant to subcontract – where first respondent made adjudication application under the Building and Construction Industry Payments Act 2004 – where adjudicator allowed the claim – where applicant applied for order that the decision be quashed or set aside – where applicant applied alternatively for declaration that decision is void or for order restraining the first respondent from enforcing or relying on decision – whether adjudicator erred in not applying his mind to the task of valuation of claims as required - Contracts - Building, engineering and...
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2nd March 2011
HVAC (Qld) Pty Ltd v Xception Pty Ltd [2011] QDC 22Contracts – Subcontract – agreement for supply of delivery and installation of mechanical services – statutory regulation of entitlement to and recovery of progress payments – claim for payment under the Building and Construction Industry Payments Act 2004 – application for summary judgment – existence of arguable defences under s 52 of the Trade Practices Act 1974 and/or estoppels - Respondent alleged applicant ahd engaged in misleading and deceptive conduct – Whether There is an Arguable Case for Breach of s 52 of Trade Practices Act 1974 (Cth) – whether summary judgment should be given - Estoppel – Respondent Alleged Estoppel Based on a Course of Conduct – whether estoppel available as a defence to an application for judgment on a payment claim
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18th February 2011
Northbuild Construction P/L v Central Interior Linings P/L & Ors [2011] QCA 22Administrative Law – Judicial Review – Private clauses – Particular cases – where appellant seeks declaratory and injunctive relief – where appellant does not seek relief under Judicial Review Act 1991 (Qld) – where issues of judicial review were argued by counsel – whether adjudication decisions made under the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act) are subject to judicial review for jurisdictional error – whether the primary Judge erred in applying the grounds set out in Brodyn to determine whether the adjudication decision was valid - Contracts – Building, engineering and related contracts – Remuneration – Recovery – where appellant was head contractor under construction contract – where appellant entered into subcontract with first respondent – where first...
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23rd December 2010
T & M Buckley P/L v 57 Moss Rd P/L [2010] QCA 381Contract – Building, engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where respondent served on applicant a payment claim pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (‘the Act’) – where applicant failed to serve a payment schedule pursuant to s 18 of the Act – where applicant seeks to appeal summary judgment given in favour of respondent on a part of the payment claim – where respondent seeks to cross-appeal summary judgment – whether the trial judge erred in deciding whether respondent’s payment claim sufficiently identified the relevant construction work or related goods and services to which the claim related and was a valid payment claim for the purposes of the Act – whether applicant...
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14th December 2010
Spankie & Ors v James Trowse Constructions Pty Limited [2010] QCA 355Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovery of progress payments - Payment claims – where the appellants and respondent entered into a construction contract and the respondent served a payment claim on the appellants – where the payment claim was adjudicated under Building and Construction Industry Payments Act 2004 (Qld) (‘BCIPA’) – where adjudication decision declared void – where the respondent served on the appellants a subsequent payment claim, claiming an unpaid amount from the earlier claim – where the appellant’s applied for a declaration that the subsequent payment claim was void as an abuse of process or as a second payment claim in contravention of s 17(5) of BCIPA – where the primary judge dismissed the application –...
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6th December 2010
Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No 2) [2010] QSC 457Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovry of progress payments – Adjudication of payment claims – where an adjudicator upheld the first respondent’s claim for a progress payment under the Building & Construction Industry Payments Act 2004 (Qld) – where in July 2009 the applicant successfully applied for an injunction restraining the first respondent from taking any steps to obtain an adjudication certificate or from otherwise enforcing the adjudication decision, on the applicant’s undertaking to provide bank guarantees to secure the adjudicated amount – whether the applicant should be required to provide further security for the interest that has accrued on the adjudicated amount, as a condition of theinjunction. - Building and Construction...