- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Australia (Queensland) Cases
Click on a case to view.
-
20th September 2013
McCarthy v State of Queensland [2013] QCA 268Contracts – Building, Engineering and related Contracts - Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Payment Claims – where the applicant and respondent entered into a construction contract – where the applicant made 17 payment claims pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where payment claim 17 claimed $272,987 in respect of under-measures on the Bill of Quantities – where the respondent contended that the payment claim contravened s 17(5) of the Act as it was in respect of work previously claimed for and paid in relation to earlier reference dates – where the applicant swore that these matters had not been included in any prior claim – where the respondent failed to serve a payment schedule on the applicant under s 18 of the...
-
19th September 2013
Ooralea Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd & Anor [2013] QSC 254Contract – Building, Engineering and related Contracts – The Contract – Construction of particular contracts and Implied Conditions – where the applicant, as principal, entered into a contract with the first respondent, as contractor, for the performance of certain works in connection with a subdivisional development – where there was a dispute as to the amount of a payment claim owed by the applicant to the respondent under the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where there was an adjudication which determined the amount to be paid by the applicant to the respondent - where the applicant applied for a declaration that the adjudicator’s decision is void and an injunction to restrain the respondent from enforcing the adjudicator’s decision – whether the declaration voiding the adjudicator’s...
-
6th September 2013
Watpac Construction (Qld) Pty Ltd v KLM Group Ltd & Ors [2013] QSC 236Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulations of Entitlement to and recovery of progress Payments – Adjudication of Payment Claims – where respondent and applicant entered into a contract for certain construction works – where respondent made payment claim pursuant the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to adjudication – where adjudicator ordered applicant to pay respondent – where applicant seeks judicial review of adjudicator’s decision on a number of grounds – where applicant contends adjudicator’s decision is affected by jurisdictional errors by misinterpreting the contract – whether a misinterpretation of the contract amounts to a jurisdictional error
-
26th August 2013
McConnell Dowell Constructors (Aust) Pty Ltd v Heavy Plant Leasing Pty Ltd [2013] QSC 223Contracts – Building, Engineering and related contracts - Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Sub Contractors’ Charges Act (QLD) – where the applicant is a subcontractor providing earthworks and where the first respondent is its subcontractor – where the first respondent served the applicant with notices of claim of charges pursuant to s 10(1)(a) Subcontractors’ Charges Act 1974 (Qld) (Charges Act) – where the applicant contended the notices were not sufficiently particularised and consequently invalid and “must be withdrawn” – where the first respondent accepted the notices were invalid – where the first respondent subsequently commenced adjudication proceedings pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act)...
-
2nd August 2013
Stadaline Pty Ltd H& N Latter Family Trust v Hassani [2013] QCAT 400Commercial Building Dispute – where head contract terminated by building owner for alleged breach by subcontractor – whether amounts paid pursuant to an adjudication under the Building and Construction Industry Payments Act 2004 should be repaid – whether the head contractor was entitled to terminate – whether the head contractor or subcontractor is entitled to damages and interest
-
25th June 2013
Agripower Australia Ltd v J & D Rigging Pty Ltd & Ors [2013] QSC 164Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – Adjudication of payment claims
-
31st May 2013
Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Ors [2013] QSC 141Thiess Pty Ltd filed an application seeking a declaration that the adjudication decision of the third respondent was void or should be set aside due to jurisdictional error – where Warren Brothers contended that the adjudication decision should not be declared void as the jurisdictional error affected only part of the decision and a more convenient and satisfactory remedy existed – whether the adjudication decision should be declared void
-
17th May 2013
McNab NQ Pty Ltd v Walkrete Pty Ltd & Ors [2013] QSC 128Administrative Law – Judicial Review – Grounds of Review – Jurisdictional Matters – Employees of the subcontractor first respondent created a substantial safety risk in breach of instructions given by the applicant – The sub-contract allowed termination by the applicant for the first respondent’s default “in the performance or observance of any serious condition” – The applicant terminated its sub-contract with the first respondent, alleging the first respondent’s safety breach contravened a “serious condition” – A subsequent payment claim by the first respondent was upheld by an adjudicator under the Building and Construction Industry Payments Act 2004 – Whether the adjudicator had jurisdiction to determine the adjudication application – Whether the sub-contract had been validly terminated...
-
30th April 2013
McCarthy t/a PJ McCarthy Commercial and Residential Builders v The State of Queensland [2013] QDC 79Application – summary judgment – application dismissed - statutory debt - Building and Construction Industry Payments Act 2004 (QLD) – section 19 – Uniform Civil Procedure Rules 1999 (QLD) – rule 292 – whether payment claim valid – progress payments – where no reference date specified under contract – where contract provided time for making payments was ‘monthly’ – where alleged multiple payment claims made in relation to earlier reference dates - whether a real prospect of defending a claim - whether no need for a trial – where plaintiff ought to be put to strict proof of his claim
-
5th April 2013
Blackwhite Pty Ltd v Ryall Smyth Architects Pty Ltd [2013] QCAT 142Minor Civil Dispute – claim by Applicant for “monies due and owing” – judgement obtained in Magistrates Court on the basis of the decision of an Adjudicator under s 31 Building and Construction Industry Payments Act 2004 (BCIPA); claim by Applicant that the adjudicator’s decision wrong in law – meaning of minor civil dispute – relationship between BCIPA and QCAT Act – scope of declaratory power under QCAT Act s 60 – meaning of “trader” for QCAT Act s 12