Australia (Queensland) Cases

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  • 7th August 2009
    Bloomer Constructions (Qld) Pty Ltd v O'Sullivan & Anor [2009] QSC 220
    Administrative Law – Judicial Review – Reviewable Decisions and Conduct – Decisions to which Judicial Review Legislation applies – Excluded Decisions – Other Decisions – where the applicant entered into a contract with the second respondent for building and construction services – where the second respondent issued a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the first respondent adjudicator was appointed under the Building and Construction Industry Payments Act and adjudicated in favour of the second respondent – where the applicant applies for a prerogative order under Part 5 Judicial Review Act 1991 (Qld) to quash the adjudication decision – where under an amendment by the Justice and Other Legislation Amendment Act 2007, Part 3 Division 2 Building and Construction...
  • 31st July 2009
    John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors [2009] QSC 205
    Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Existence of obligation – particular cases – where an adjudication of a payment claim under the Building and Construction Payments Act 2004 (Qld) – where the adjudicator made the decision on the basis of an appellate authority which was not referred to by either party – where the parties were not afforded the opportunity to address the adjudicator’s view that the authority overruled another authority upon which a party placed particular reliance – whether there was a substantial denial of natural justice.
  • 28th July 2009
    Baxbex Pty Ltd v Bickle [2009] QSC 194
    Contract - 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 s17 of the Building and Construction Payments Act 2004 – where the respondent did not file a payment schedule within 10 days of receiving the payment claim or at all – where applicant claimed in those circumstances the respondent became liable to pay the amount claimed – whether there was a valid payment claim – whether part of the payment claim was not for construction work or for related goods or services.
  • 20th July 2009
    Queensland Bulk Water Supply Authority v McDonald Keen Grp Pty Ltd & Anor [2009] QSC 165
    Contracts – Building, Engineering and Related Contracts – Other Matters – Where construction contract to undertake rock excavation – Where the Second Respondent made an adjudication decision on a claim under the Building & Construction Industry Payments Act 2004 (Qld) (Payments Act) – Where the Applicant has applied for a declaration that the adjudicator’s decision is void on the basis that there was no evidence on which the adjudicator could determine the amount of the claim – Whether the adjudicator failed to comply with the statutory provisions of the Payments Act – Whether the adjudicator failed to accord natural justice in the decision making process –– Whether the adjudicator erred in taking into account a Facsimile in forming part of the decision about the contract.
  • 2nd June 2009
    Uniting Church in Australia Property Trust (Qld) v Davenport & Anor [2009] QSC 134
    Contracts – Building, Engineering and related Contracts – Remuneration – Amount – where the applicant entered into two contracts with the second respondent builder for certain building and construction works – where the second respondent made payment claims under each contract – where adjudicator appointed under the Building and Construction Industry Payments Act 2004 to decide the amount of each of the progress payments under the payment claims – where the second respondent requested the adjudicator revise its decision – where adjudicator acceded to the second respondent’s request – whether adjudicator should be restrained from making a correction to his decision – whether the adjudicator’s original decisions contained errors arising from an accidental slip or omission – whether the adjudicator’s original...
  • 13th May 2009
    Zen Ridgeway Pty Ltd v Adams & Anor [2009] QSC 117
    Real Property – Torrens Title – Caveats against delaings – Removal – where applicant is the registered owner as trustee of land – where respondent lodged a caveat over the land – where applicant seeks removal of caveat – whether there is a serious question to be tried as to whether respondent has a caveatable interest in the land Equity – Trusts and Trustees – Powers, Duties, Rights and Liabilitles of Trustees – Indemnity, Lien and Rrimbursment – General Pinciples – where applicant is registered owner as trustee of land – where judgment awarded against applicant for liability incurred as trustee – nature of applicant’s right of indemnity out of trust assets – whether respondent creditor may be subrogated to the applicant trustee’s right of exoneration or lien
  • 1st May 2009
    Nebmas Pty Ltd v Sub Divide Pty Ltd & Ors [2009] QSC 92
    Contracts – Building, Engineering and related Contracts – The Contract – Construction of Particular Contracts and Implied Condititions - Settlement of Disputes – where a condition in the Tender Document is inconsistent with a condition in the general contract – whether condition in the Tender Document prevails Statutes – Acts of Parliament  - Interpretation – Permissive, Directory and Mandatory Powers – where s 21(2) of the Building and Construction Industry Payments Act 2004(Qld) states that an adjudication application “can not be made” unless the claimant gives the respondent a notice within a specified time – whether notice outside of time renders adjudication void - Building and Construction Industry Payments Act 2004 (Qld), s 21(2) - Building and Construction...
  • 17th April 2009
    J Hutchinson Pty Ltd v Thunder Investments Pty Ltd [2009] QDC 90
    Contracts – Building, Engineering and related Contracts – Statutory Regulation of Entitlement to and recovery of Progress Payments – whether applicant had an entitlement to make a progress claim under s 12 of the Building and Construction Industry Payments Act 2004(Qld) – whether applicant made a valid payment claim under the Act – whether applicant estopped from relying upon and asserting rights under the Act
  • 19th March 2009
    Readiplumb Services Pty Ltd v MKM Constructions (Aust) Pty Ltd [2009] QDC 67
    Building and Construction Industry Payments Act – entitlement to progress payments – where payment claims were not served by the applicant on the respondent – or directed to the respondent in accordance with the Act – application for judgment dismissed.
  • 10th March 2009
    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...