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Australia (Queensland) Cases
Click on a case to view.
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28th February 2013
South East Civil & Drainage Contractors P/L v AMGW P/L & Ors [2013] QSC 45Contracts – Building , Engineering and related contracts – Remuneration – Statutory Regulation Of Entitlement to and recovery of progress Payments – Adjudication Payment Claims
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6th February 2013
Matrix Projects (Qld) Pty Ltd v Luscombe [2013] QSC 4where decision made by adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) – whether the adjudicator had jurisdiction to determine the adjudication application – whether the claim was in respect of one contract or arrangement for the carrying out of construction work – whether the adjudicator had performed his duty of assessing the value of the construction work – whether the adjudicator had accorded natural justice in respect of his assessment of the value of the construction work – whether the adjudicator’s errors went to his jurisdiction under the Act
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5th February 2013
HM Hire Pty Ltd v National Plant and Equipment Pty Ltd & Anor [2013] QCA 6Contracts – Building , Engineering and related contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – Adjudication of Payment Claims
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27th November 2012
Capricorn Quarries Pty Ltd v Inline Communication Construction Pty Ltd & ors [2012] QSC 388Contracts – Building, Engineering and related contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments - where the first respondent claims it is entitled to progress payments – where the first respondent contracted with the applicant, a quarry operator, for the processing of quarry materials – where the first respondent used its own plant to process materials - whether road building materials are capable of constituting related goods and services – whether the work performed by the claimant was “construction work” or the supply of “related goods and services” under a “construction contract” entitling it to progress payments
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27th November 2012
EPF Concreting P/L v Hall [2012] QDC 349Appeal –leave to extend time – orders not made and/or not filed (though some rectified) - leave to appeal – whether judgment against appellant sustainable, Building and Construction Industry Payments Act 2004 (Qld) Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 (Qld) s 105, District Court of Queensland Act 1967 (Qld) s 52(1), Magistrates Courts Act 1921 (Qld) ss 45(2)(a), 45(5), 47, 60, Queensland Civil and Administrative Tribunal Act 2009 (Qld) Schedule 2, Uniform Civil Procedure Rules 1999 (Qld) rr 283, 660(1)(b), 660(3), 661, 661(1), 661(2), 661(4)(b), 663(1)(a), 683, 748, 766(1)(a), 766(1)(c), 785
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27th November 2012
Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Ors [2012] QSC 373Contracts - Building, Engineering and related contracts - Remuneration - Statutory Regulation of Entitlement to and recovery of progress payments - Adjudication of Payment claims - Generally - Where parties entered into contracts for building and constructions works – Where Warren Brothers Earthmoving made payment claims which were disputed by Thiess and Warren Brothers then amended the amount it had originally claimed – Where Adjudicator appointed pursuant to Building and Construction Industry Payments Act 2004 (Qld) to decide the amount of the progress payments under the progress claim and parties agree that the amount awarded by the Adjudicator is incorrect – Where Adjudicator states that he was fully aware of the parties’ submissions but admits he forgot to take them into account during his deliberations and making his decision – Whether there has been a...
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13th November 2012
BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors [2012] QSC 346Contracts – Building, Engineering and related Contracts – Remuneration – Statutory regulation of entitlement to and progress payments – where the applicant (“BMA”) entered into a contract with the first respondent (“BGC”) for the construction of a dam – where BGC served a payment claim on BMA pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to adjudication – where BMA contends the adjudicator’s decision is affected by three jurisdictional errors and is therefore void – whether the adjudicator fell into jurisdictional error and the adjudication should be set aside
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12th October 2012
Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Anor [2012] QCA 276Administrative Law – Judical Review– Grounds of review – Jurisdictional matters – where decision made by adjudicator under the Building and Construction Industry Payments Act 2004 – whether the adjudicator had jurisdiction to determine the adjudication applications – whether the contracts were “construction contracts” within the Act – whether an incorrect determination of the extent and quantum of the work that comprised “construction work” under a construction contract for the purposes of the Act was a matter of jurisdictional error Building and Construction Industry Payments Act 2004 (Qld), s 10, s 11
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9th October 2012
Transfield Services (Australia) Pty Limited v Nortask Pty Ltd and Anor [2012] QSC 306Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Generally – where the first respondent made a payment claim to the applicant – where a claim was made for Variation 17a relating to rock breaking – where an adjudicator’s decision was made pursuant to Building Construction Industry Payments Act 2004 (Qld) – where the applicant seeks a declaration that the adjudicator’s decision is void because the adjudicator breached the rules of procedural fairness in concluding that the first respondent had engaged another firm as a nominated subcontractor under the building contract when it was neither the applicant nor the respondent – where the first respondent conceded a breach of the rules of procedural fairness – where the first respondent argued it was not a material denial of procedural...
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8th October 2012
Nairn Constructions Pty Ltd v Industrial Roof Technology [2012] QCAT 501Commercial building dispute – adjudication under Building and Construction Industry Payments Act 2004 – whether claims for variations valid under the construction contract – whether amount paid pursuant to adjudication ought to be repaid – concession that variation overstated – affect of entire agreement clause, Building and Construction Industry Payments Act 2004, ss 7, 31, 100