Australia (Queensland) Cases

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  • 21st May 2010
    Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2010] QCA 119
    Contracts – Building, engineering and related contracts – Remuneration– Statutory regulation of entitlement to and recovery of progress payments – respondent made a payment claim against appellant under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) – appellant did not deliver a payment schedule – appellant challenged validity of payment claim – respondent given summary judgment for amount claimed – whether primary judge erred in giving summary judgment - Contracts - Building Contracts – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – appellant alleged a prior payment claim existed in respect of the same reference date – respondent argued prior claim did not meet requirements of BCIP Act –...
  • 19th May 2010
    David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (No. 2) [2010] QSC 166
    Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Hearing – Nature of Hearing – Opportunity to present case – where an adjudicator upheld the first respondent’s claim against the applicants under the Building and Construction Industry Payments Act 2004 (Qld) – where the applicants allege that the adjudicator decided a substantial part of the claim upon a basis which neither the applicants nor the first respondent had addressed – whether the adjudicator’s decision is void for want of natural justice. - Building and Construction Industry Payments Act 2004 (Qld) s 25(4) - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor (2004) 61 NSWLR 421 - David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors [2010] QSC 29 - John...
  • 18th May 2010
    Simcorp Developments and Constructions P/L v Gold Coast Titans Property P/L [2010] QSC 162
    Procedure  – Supreme Court Procedure – Queensland – Practice Uunder Rules of Court – Staying Proceedings – where the applicant, Simcorp Developments Pty Ltd, commenced proceedings in relation to payment claims made pursuant to the Building and Construction Industry Payments Act 2004 – where the applicant, Simcorp Developments Pty Ltd, seeks leave to discontinue those proceedings in favour of a new claim - whether appropriate to stay further proceedings until costs are paid – whether costs should be paid on the indemnity basis - Contract – Building, Engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where the applicant, Simcorp Developments Pty Ltd, served a payment claim pursuant to the Building and Construction Industry Payments Act...
  • 14th May 2010
    Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting [2010] QSC 156
    Administrative Law– Judicial Review –Eviewable Decisions snd Conduct – Generally – where an adjudicator upheld the first respondent’s claim for a progress payment under the Building & Construction Industry Payments Act 2004 (Qld) – where the applicant challenges that decision on the basis that it was procured by the fraud of the first respondent – whether an adjudicator’s decision procured by fraud may be the subject of judicial review. - Building and Construction Industry Payments Act 2004 (Qld) ss 18, 24(4), 33 - Judicial Review Act 1991 (Qld) Sch 1 Pt 2, ss 18(2), 41 - Justice and Other Legislation Amendment Act 2007 (Qld)ss 90-91 - Supreme Court Act 1970 (NSW)...........
  • 14th May 2010
    John Holland Pty Ltd v Schneider Electric Buildings Australia Pty Ltd [2010] QSC 159
    Building and Engineering Contracts – Building and Construction Industry Payments Act 2004 (Qld) – whether payment claim sought to re-agitate issues decided by previous adjudicator – nature of previous adjudicator’s decision – whether the Act precludes re-agitation of same issues- whether issue estoppel arises from adjudicator’s decision –whether claimant should be restrained from serving an adjudication application
  • 27th April 2010
    AE & E Australia Pty Ltd v Stowe Australia Pty Ltd [2010] QSC 135
    Building and Engineering Contracts – Building and Construction Industry Payments Act 2004 (Qld) – whether payment claim sought to re-agitate issues decided in earlier adjudication determination – whether issue estoppels arises from adjudication determination –whether claimant should be restrained from serving an adjudication application with respect to items that are re-agitated in new payment claim
  • 9th April 2010
    Northbuild Construction Pty Ltd v Central Interior Linings Pty Ltd & Ors [2010] QSC 95
    Administrative Law – Judicial Review – Natural Justice – where there was a construction contract between the applicant and the first respondent – where the matter went to adjudication – where there were discrepancies in the materials before the adjudicator – whether the adjudicator made a bona fide attempt to understand and apply the contract -  Administrative Law – Judicial Review – Natural Justice – where there was a construction contract between the applicant and the first respondent – where variation work was completed by the first respondent – where the matter went to adjudication – where the payment claim included 73 variation claims – where the first  respondent provided a quantity surveyor report with respect to 33 of the variation claims – where the adjudicator did not...
  • 5th March 2010
    T&M Buckley Pty Ltd v 57 Moss Rd Pty Ltd [2010] QDC 60
    Contracts – Building, Engineering and related Contracts  – Remuneration – Recovery – Where 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 (Queensland) – whether the payment claim was valid under the Building and Construction Industry Payments Act 2004 (Queensland -  The Building and Construction Industry Payments Act 2004 (Queensland) s 17(1), s 17(2), s 18(4), s 18(5), s 19(2)(a)(i), s 19(4)(b)(ii) - Baxbex Pty Ltd v Bickell [2009] QSC 194 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 - Clarence Street Pty Ltd v Isis Projects Pty 2005] NSWCA 391 Co-ordinated Construction...
  • 16th February 2010
    Adams v Zen 28 Pty Ltd & Ors [2010] QSC 36
    Procedure – Supreme Court Procedure – Queensland – Procedure under rules of Court – Summary Judgment – where decision made by adjudicator appointed under Building and Construction Industry Payments Act 2004 in favour of applicant against first respondent – where applicant commenced the present proceeding by filing an originating application seeking specific relief against first respondent – where undertakings were given by which the applicant refrained from enforcing the judgment debt and proceedings were adjourned – where consent order signed by parties’ solicitors whereby an undertaking was given by the first and second respondents to provide a bank guarantee and by the applicant to provide a withdrawal of a caveat upon delivery of the bank guarantee – where the first respondent company went into voluntary...
  • 12th February 2010
    David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (No. 2) [2010] QSC 166
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – where errors in the allowance of a progress claim by an adjudicator – whether adjudication void for want of good faith or failure to accord natural justice -  Building and Construction Industry Payments Act 2004 -  (Qld) Queensland Building Services Authority Act 1991 (Qld), s 13, s 26, s 29(2), s 67J, s 99 - Brodyn Pty Ltd t/as Time Cost & Quality v Davenport &  Anor (2004) 61 NSWLR 421 - John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors [2009] QSC 205 - Queensland Bulk Water Supply Authority v McDonald Keen Group Pty Ltd & Anor [2009] QSC 165 - Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group Pty Ltd (in liq) & Anor [2010] QCA 007 - Re Minister...