Australia (Queensland) Cases

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25th June 2008
RJ Neller Building Pty Ltd v Ainsworth [2008] QDC 129

BUILDING CONTRACTS – RESOLUTION OF DISPUTES – ADJUDICATION – where respondent to adjudication brought proceeding in District Court arising out of same contract as adjudication – where proceeding in District Court brought after adjudicators certificate served on respondent to adjudication but before adjudicators certificate filed in District Court – whether enforcement warrant issued upon judgment in District Court on filing of adjudication certificate should be stayed - Building and Construction Industry Payments Act 2004 (Qld) s 31, s 100 - Uniform Civil Procedure Rules r 667, r 791 - Building and Construction Industry Security of Payment Act 1999 (NSW)

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17th June 2008
Hitachi Ltd v O'Donnell Griffin Pty Ltd & Ors; O'Donnell Griffin Pty Ltd v Hitachi Ltd & Ors [2008] QSC 135

ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – adjudication of progress payments under the Building and Construction Industry Payments Act 2004 (Payments Act) – where adjudication considered selected larger variation claims but not numerous small claims – where applicant/respondent sought an order that adjudication decision was void – whether having regard to legislative intent, s 26 Payments Act requires an adjudicator to examine each and every variation in a large claim – whether the adjudicator acted bona fides – whether the adjudicator observed procedural fairness

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7th May 2008
Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty Ltd [2008] QSC 128

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14th April 2008
Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty Ltd & Ors [2008] QSC 58

CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – ADJUDICATION – payments – appeal from decision of an adjudicator – validity of a decision about entitlement to a progress payment – entitlement to progress payment where no extension of time was claimed CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS – entitlement to progress payments – entitlement to delay costs – where parties have modified the standard conditions of contract CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS – entitlement to extensions of time – power of Superintendent to grant extensions of time – effect of modification of the standard terms upon the powers of the Superintendent

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11th April 2008
Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor [2008] QCA 83

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the second respondent adjudicator made a decision under the Building and Construction Industry Payments Act 2004 (Qld) – where the primary judged dismissed the applicant’s application for a statutory order of review of the decision – where the underlying object of the Building and Construction Industry Payments Act 2004 (Qld) is to provide a mechanism for swift interim adjudications – where the court may dismiss an application for judicial review where it would be “inappropriate” to grant the application under s 48 Judicial Review Act 1991 (Qld) – whether the application for leave to appeal under s 13(b) Judicial Review Act 1991 (Qld) should be dismissed

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21st February 2008
Altys Multi-Services Pty Ltd v Grandview Modular Building Systems Pty Ltd [2008] QSC 26

JUDICIAL REVIEW OF ADJUDICATION UNDER BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004; DISADVANTAGES IN REVIEW PROCEDURE; PREFERABILITY OF CURIAL LITIGATION Building and Construction Industry Payments Act 2004, ss 10, 17, 18, 100 - Queensland Building Services Authority Act 1991, s. 42 - Judicial Review Act 1991, ss 10, 13 - Intero Hospitality Projects Pty Ltd v Empire Interior Pty Ltd [2007) QSC 220 - Roadtek, Department of Main Roads v Davenport & Ors [2006] QSC 47 - Shell Refining (Australia) Pty Ltd v AJ Mayr Engineering [2006] NSWSC 94 at para [27] - Lucas Stuart Pty Ltd v Council of the City of Sydney [2005] NSWSC 840 at para [13]. - Brodyn Pty Ltd v Davenport [2003] NSWSC 1019 - Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333

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16th January 2008
Marshall, B v Stimson, S t/a SAS Roofing [2008] CCBT 241-06

Building dispute – defective roofing works – non-payment of contract price – effect of adjudicator’s decision pursuant to the Building and Construction Industry Payments Act 2004

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14th November 2007
Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd & Ors [2007] QSC 333

CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS – ADJUDICATION - where the first respondent sent the applicant an invoice for building work completed – where the applicant sent an email to the first respondent refusing to accept the invoice and suggesting the parties meet to discuss the claim and amount payable – where in response the first respondent applied under s21 of the Building and Construction Industry Payments Act 2004 (Qld) for an adjudication of the dispute – where the second respondent was appointed as adjudicator – where the applicant argued that the appointment was precluded on the grounds that the applicant had issued a payment schedule to the first respondent as defined under the Act – whether the applicant’s email constituted a payment schedule under s18 of the Act – whether the second respondent should have granted...

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22nd October 2007
Greg Beer T/A G&L Beer Covervreteing v JM Kelly (Project Builders) Pty Ltd [2007] QDC 242

Construction of “licence of the appropriate class” in s 42 of the Queensland Building Services Authority Act 1991 – whether read subject to restrictive conditions - Building and Construction Industry Payments Act 2004 Uniform Civil Procedure Rules 1999 - Cant Contracting Pty Ltd v Con Casella & Anor [2006] QCA 538 referred to - CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384, applied.

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8th October 2007
Bezzina Developers P/L v Deemah Stone (Qld) P/L [2007] QSC 286

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – application for judicial review of decision of adjudicator made under Building and Construction Industry Payments Act 2004 (Qld) - whether parties were parties to a construction contract – whether adjudicator had valued work done under the construction contract – where second adjudicator failed to take into account s. 27 of the Act and its effect on his obligation to value the work which was the subject of the payment claim before him by giving it the same value as that previously decided in an earlier adjudication application - because of failure to apply s. 27, refusal of relief under s. 100 not appropriate- necessary extension of time under s. 26 of the JR Act granted for the making of a statutory order of review.

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