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Australia (Queensland) Cases
Click on a case to view.
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13th February 2007
Gemini Nominees Pty Ltd v Queensland Property Partners Ltd ATF The Keith Batt Family Trust [2007] QSC 20BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION –STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where builder and owner entered into a written cost plus contract for renovation works to house property – where payment claim served by builder under Building and Construction Industry Payments Act 2004 (Qld) – where owner did not serve payment schedule – where no fair and reasonable estimate of total amount builder was likely to receive under the contract was given to owner pursuant to s 55 Domestic Building Contracts Act 2000 (Qld) – whether contract that is unenforceable under s 55(3) Domestic Building Contracts Act 2000 (Qld) is a contract to which Building and Construction Industry Payments Act 2004 (Qld) applies
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17th January 2007
Northside Roofing Pty Ltd v Pires Constructions Pty Ltd [2007] QDC 172Commercial and Consumer Tribunal - whether a "court of competent jurisdiction" - whether proceedings pursuant to s.19 (1) (a) of the Building and Construction Industry Payments Act 2004 are matters for the Tribunal or for a Court .
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20th December 2006
G W Enterprises Pty Ltd v Xentex Industries Pty Ltd & Ors [2006] QSC 399JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – whether the adjudicator failed in his duty to afford natural justice and acted without jurisdiction - JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the adjudicator’s decision is void or voidable due to an error of law
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15th December 2006
Vis Constructions Pty Ltd & Anor v Cockburn & Anor [2006] QSC 416ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXISTENCE OF OBLIGATION – GENERALLY – application to review adjudication decision under Building and Construction Industry Payments Act 2004 – whether decision is regulated by the rules of natural justice - ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – applicants seek to have set aside adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 – under the Act the adjudicator must have regard to the construction contract – adjudicator found that there was a construction contract between claimant and builder – builder under no obligation to perform work – whether a contract existed – whether adjudicator had jurisdiction to make decision - ADMINISTRATIVE...
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15th December 2006
Cant Contracting P/L v Casella & Anor [2006] QCA 538BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT – IN GENERAL – where the respondent agreed to construct poultry sheds for the appellants – substantial work had been carried out before the Laidley Shire Council issued a stop work order – pursuant to the Building and Construction Industry Payment Act 2004 (Qld) the respondent sought progress payments by way of a payment claim – the appellants did not serve a corresponding payment schedule on the respondent – summary judgment was awarded against the appellants – where the appellants had filed a defence and counter-claim against summary judgment arguing that the respondent did not hold an appropriate licence at the time construction was carried out – whether the respondent was entitled to summary judgment, regardless of the fact that he may not...
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31st October 2006
State of Queensland v Epoca Constructions Pty Ltd & Anor [2006] QSC 324JUDICIAL REVIEW – REVIEW DECISIONS – decisions to which Judicial Review legislation applies – where the applicant sought judicial review of a decision by an adjudicator under the Building and Construction Industry Payments Act 2004(Qld) ("BCIPA")– whether judicial review under the Judicial Review Act 1991 (Qld) excluded – whether the adjudicator’s decision is of an administrative character so as to be reviewable under Part 3 of the Judicial Review Act 1991(Qld) - JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – whether the application for judicial review ought to be dismissed in the exercise of discretion under ss 12, 13, 30 or 48 of the Judicial Review Act - JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR - OF LAW – whether the adjudicator erred in failing to observe the provisions of the BCIPA – whether...
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11th October 2006
Abel Point Marina (Whitsundays) Pty Ltd v Uher and Anor [2006] QSC 295JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY STATUTE – where the applicant sought review of a decision by an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) – where the adjudicator did not provide the applicant with the opportunity to provide further information – where the adjudicator was bound to follow procedures set out in the Act – whether rules of natural justice were breached JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the adjudicator committed an error of law - JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – whether there was sufficient evidence or other material to justify the adjudicator’s decision – whether the adjudicator made a decision in relation to a jurisdictional...
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1st September 2006
Cant Contracting P/L v Casella & Anor [2006] QSC 242BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT – IN GENERAL – statutory right of debt recovery under s 19 Building and Construction Industry Payments Act 2004 (Qld) – where no payment schedule delivered – unlicensed builder – whether statutory right of recovery is qualified by s 42 Queensland Building Services Authority Act 1991 (Qld) - Building and Construction Industry Payments Act 2004 (Qld), s 10, s 17, s 18, s 19 - Queensland Building Services Authority Act 1991 (Qld), s 42, s 43 - Brodyn Pty Ltd t/as Time Cost and Quality [2004] NSWCA 394, cited - Lucas Stuart Pty Ltd v Council of the City of Sydney [2005] NSWSC 840, cited
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1st September 2006
F K Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – Whether applicant is a person to whom s 17 of the Building and Construction Industry Payments Act (Qld) (2004) applies - Building and Construction Industry Payments Act (Qld) (2004), s 7, s 8, s 10, s 12, s 17, s 18, s 19 Trade Practices Act 1974, s 52, s 87 - Beckhaus v Brewarrina Council (2002) NSWSC 960 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266
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23rd June 2006
Henderickus Ruthergus Johonus Vanbeelen t/a H&K Concreting and Construction v Blackbird Energy Pty Ltd [2006] QDC 285BUILDING CONTRACTS – REMUNERATION - PROGRESS CLAIM – Building and Construction Industry Payments Act 2004 ss 17,18, 80 and 100 - Whether posting to a post office box was a posting to a place of business.