Australia (Queensland) Cases

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  • 19th June 2006
    CBQ v Welsh & Ian Hammett Electrical Pty Ltd [2006] QSC 235
    ADMINISTRATIVE LAW – STATUTORY REVIEW – Where applicant sourt a review of adjudication of the Building and Construction Industry Payments Act 2004 (Qld) – where contract concluded before 1st October 2004 – where written contract after 1st October 2004. - Building and Construction Industry Payments Act 2004 (Qld) - The King v Blakeley: Ex Parte Association of Architects etc of Australia [1950] HCA 40; (1950) 82 CLR 54 cited - Trollope & Colls Ltd & Anor v Nuclear Civil Constructors & Anor (1973) 1 WLR 601 cited -
  • 11th May 2006
    On Hing Pty Ltd v Phoenix Project Development Pty Ltd [2006] QDC 159
    STAY – STAY OF ORDER THAT MONIES BE PAID OUT OF COURT – Monies paid into court after adjudication under Building and Construction Industry Payments Act 2004 – previous refusal of applicant’s application to set aside adjudicator’s order – whether stay of payment out to respondent should be ordered - Building and Construction Industry Payments Act 2004 -  Brodyn Pty Ltd v Davenport [2004] 61 NSWLR 421 at 449 - McLaughlins Family Restaurant v Cordukes Ltd [2004] NSWCCA 447 - Phoenix Project Development Pty Ltd v On Hing Pty Ltd [2006] QDC 75
  • 11th April 2006
    Phoenix Project Development Pty Ltd v On Hing Pty Ltd [2006] QDC 75
    BUILDING CONTRACTS – RESOLUTION OF DISPUTES – ADJUDICATION – DETERMINATION – whether decision of adjudicator under Building and Construction Industry Payments Act 2004 void or a nullity – Court’s power to set aside judgment entered after adjudication - Building and Construction Industry Payments Act 2004 - Aitkin Transport Pty Ltd v Voysey (1990) 1 Qd R 510  - Andrews v Forrest (1996) 17 Qld Lawyer Reps 89 -  Brodyn Pty Ltd v Davenport & Anor (2004) 61 NSWLR 421 -  IVI Pty Ltd v Baycrown Pty Ltd [2005] QSC 330 -  Keighley, Maxsted & Co v Durant (1901) AC 240 - Pico Holdings Inc v Wave Vistas Pty Ltd [2003] QCA 204 - Siu v Eastern Insurance Co Ltd (1994) 2 AC 199 - Taylor v Taylor (1979) 143 CLR 1
  • 8th March 2006
    Roadtek, Department of Main Roads v Philip Davenport & Ors [2006] QSC 47
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY – where review sought of decision made by adjudicator under Building and Construction Industry Payment Act 2004 – where dispute over supply of road material to the applicant – where applicant took delivery of goods – where applicant claimed defects in goods delivered – where defects disputed by second respondent – where contract contained clauses relating to fitness for purpose of goods – where adjudicator made no findings with regard to compliance of materials – whether adjudicator erred in finding that property in the materials had not passed to the applicant – whether adjudicator’s decision was an improper exercise of power stemming from failure to consider that the material was no the property of the applicant - Judicial Review Act 1991 (Qld)Building and Construction...
  • 25th November 2005
    Pioneer Sugar Mills Pty Ltd v United Group Infrastructure Pty Ltd [2005] QSC 354
  • 12th October 2005
    J J Mcdonald & Sons Engineering Pty Ltd v RICS Dispute Resolution Sevice Qld & Anor [2005] QSC 305