Australia (Queensland) Cases

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  • 23rd August 2007
    Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor [2007] QSC 220
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – EXISTENCE OF OTHER REVIEW OR APPEAL RIGHTS – where second respondent adjudicator made decision under Building and Construction Industry Payments Act 2004 – where applicant seeks review of second respondent’s decision under the Judicial Review Act 1991 – where Building and Construction Industry Payments Act 2004 provides for a speedy interim adjudication based on written information – where such adjudication does not affect any civil proceeding arising under a construction contract – whether provision is made, other than the Judicial Review Act 1991, under which the applicant is entitled to seek review of the matter by another Court – whether application should be dismissed
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  • 2nd August 2007
    Melco Engineering Pty Ltd v Eriez Magnetics Pty Ltd [2007] QSC 198
    PRACTICE AND PROCEDURE – CONTRACT – PLEADINGS – UCPR r.166 – where contractual dispute as to terms and performance of contract – where respondent alleges applicant has not complied with r.166 (4) UCPR – whether applicant is deemed to have admitted facts pursuant to r.166 (5) UCPR – whether applicant must re-plead facts to comply with r.166 (4) UCPR LEGISLATION: Building and Construction Industry Payments Act 2004(Qld), cited - Uniform Civil Procedure Rules 1999 (Qld), rr. 149, 150 (4) & 166 (4) & (5), discussed
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  • 10th July 2007
    Doolan & Anor v Rubikcon (Qld) Pty Ltd [2007] QSC 168
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  • 6th July 2007
    Peekhrst Pty Ltd v Wallace & Anor [2007] QSC 159
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – Generally where review sought of decision made by adjudicator under Building and Construction Industry Payment Act 2004 – Whether proper acceptance of appointment of the adjudicator – Whether adjudication application served – Whether adjudicator satisfied himself that there was service of the adjudication application – whether adjudicator biased
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  • 8th June 2007
    Development Dynamics (Queensland) Pty Ltd v Davies Projects Pty Ltd [2007] QDC 145
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  • 7th June 2007
    Wolbers v Day & Co Pty Ltd [2007] QDC 103
    PRACTICE – PRACTICE AND PROCEDURE – STRIKING OUT COUNTER-CLAIM – CLAIMS UNDER Building and Construction Industry Payments Act 2004 – defendant denying Act applies, and serving counterclaim – whether denial that Act applies negates its effect – whether counterclaim should be struck out - Building and Construction Industry Payments Act 2004, Part 3 Division 1  - Uniform Civil Procedure Rules, r 171
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  • 23rd April 2007
    Abel Point Marina (Whitsundays) Pty Ltd v O'Brien and Sea-Slip Marinas (Aust) Pty Ltd [2007] QSC 146
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  • 19th April 2007
    Abel Point Marina (Whitsundays) Pty Ltd v O'Brien & Anor [2007] QSC 91
    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) – where contractor’s claim for costs of delay or disruption allowed by adjudicator – where claim made under clause of the building contract – where liability of principal for delay or disruption costs necessarily incurred by contractor by reason of the delay was expressed in the relevant clause as dependent on the grant of an extension of time for delay or disruption caused by the principal, the superintendent, or those under the control of the principal or the superintendent – where adjudicator construed the relevant clause in such a way that did not require a determination of what extensions of time for the principal’s delay should...
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  • 2nd March 2007
    Blackbird Energy Pty Ltd v Vanbeelen [2007] QCA 60
    CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where the respondent obtained interim judgment in the District Court under the Building and Construction Industry Payments Act 2004 (Qld) – where issues between parties subsequently resolved in a common law proceeding – where interim decision subject to appeal permanently stayed – whether appeal should proceed where issues on appeal purely hypothetical – whether appeal should proceed in relation to costs of interim judgment only Building and Construction Industry Payments Act 2004 (Qld), s 19, s 100
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  • 26th February 2007
    Impulse Electrical (Aust) Pty Ltd v Mother Natures Chermside Pty Ltd [2007] QDC 23
    Building and Construction Payments – Progress Claims – Payment Schedule – Reference Date Building and Construction Industry Payments Act 2004 (Qld), ss 7, 8, 12, 17 and Schedule 2. Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8(b), 13 - Brodyn Pty Limited v Davenport [2004] NSWCA 394 - Brookhollow Pty Ltd v R & R Consultants Pty Ltd and Anor. (No 2) [2006] NSWSC 200 - Cant Contracting Pty Ltd v Casella [2006] QCA 538 - Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232 - F.K.Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243 -Nepean Engineering Pty Ltd v Total Process Services (in liq) [2005] NSWCA 409 - Walter Construction Group Ltd v CPL (Surrey Hills) Pty Ltd [2003] NSWSC 266
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