Australia (Queensland) Cases

Click on a case to view.

Show all casesprevious 1 2 3 456 7 8 9...16 17 next

14th September 2012
Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors (No 2) [2012] QSC 280

Click here to read more
13th September 2012
State of Queensland v T & M Buckley P/L [2012] QSC 265

Administrative Law – Judicial Review - Grounds of Review – Jurisdictional matters – where first respondent served payment claim on applicant – where applicant served payment schedule in response to payment claim and matter referred to adjudication – where applicant seeks declaration that adjudication decision is void by reason of jurisdictional error – where applicant submitted that no reference date accrued pursuant to Building and Construction Industry Payments Act 2004 which resulted in the payment claim being invalid and the adjudication decision being void – whether accrual of the statutory reference date is conditional upon the prior delivery of the statutory declaration – whether the adjudication decision was void Building and Construction Industry Payments Act 2004 (Qld), s 12, s 99, Schedule 2 Corporations...

Click here to read more
12th September 2012
Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors [2012] QSC 264

Administrative Law – Judicial Review – Grounds of review – Jurisdictional matters – where applicant sought declaration that payment claim under the Building and Construction Industry Payments Act 2004 and/or adjudication decision on it were void for jurisdictional error – where applicant contended that payment claim was invalid and that adjudicator lacked jurisdiction to adjudicate upon it because the claimant was not licensed under the Queensland Building Services Authority Act 1991 – whether an enforceable contract within the meaning of BCIPA existed between the applicant and first respondent – where the first respondent was not licensed under the QBSA Act – whether the adjudication decision was void Building and Construction Industry Payments Act 2004 (Qld), s 12, s 17, s 31, schedule 2 Queensland Building Services...

Click here to read more
6th September 2012
Unifor Australia Pty Ltd v Katrd Pty Ltd atf Morshan Unit Trust t/as Beyond Completion Projects [2012] QSC 252

Administrative Law – Judicial review – Grounds for review – Jurisdictional matters – where the respondent succeeded in an adjudication claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the respondent provided the wrong supporting spreadsheet to the adjudicator – where neither side realised the incorrect spread sheet had been provided at the time of the adjudication - where the adjudicator acknowledged a difficulty in indentifying precisely what the terms of the contract were between the parties – where the applicant contends that an essential statutory pre-requisite for an adjudication decision was not satisfied – where the applicant contends the decision of the adjudicator was fatally infected by jurisdiction error – where the applicant contends that there was an error of law on the face of...

Click here to read more
16th August 2012
BHW Solutions Pty Ltd v Altitude Constructions Pty Ltd [2012] QSC 214

Contracts – Building, Engineering and related Contracts – Remuneration - Statutory Regulation of entitlement to and recovery of progress payments - Payment Claims - where subcontractor served payment claims on the contractor for the purpose of s 17 Building and Construction Industry Payments Act 2004 (Qld) – where the respondent did not serve payment schedules in response to the payment claims – where the contractual provision required a progress claim to be accompanied by a statutory declaration as a precondition to payment – whether absence of declaration invalidated payment claims - Building and Construction Industry Payments Act 2004, s 12, s 13, s 17, s 18, s 19, s 99, s 100 - John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited [2012] QCA 150, followed - Reed Construction (Qld) Pty Ltd...

Click here to read more
22nd June 2012
Richard Kirk Architect Pty Ltd v Australian Broadcasting Corporation & Ors [2012] QSC 177

Administrative Law – Judicial review – Grounds for review – Jurisdictional matters – where the applicant entered into a contract with the first respondent for the provision of architectural services – where the applicant served a payment claim on the first respondent pursuant to the Building Construction Industry Payments Act 2004 (“the Act”) – where the first respondent contended that the payment claim was void or invalid or in the alternative if the claim was valid it amounted to $NIL – where the applicant served further documents on the first respondent in reference to the claim – where the first respondent disputed the documents formed part of the payment claim – where the applicant sort an adjudication of the payment claim – where the first respondent maintained its position that the payment claim was...

Click here to read more
22nd June 2012
Dart Holdings Pty Ltd v Total Concept Group Pty Ltd and Ors [2012] QSC 158

Contracts – Building, Engineering and related contracts – The contract – Legality – where the plaintiff engaged the first defendant as a subcontractor to supply and install certain items, largely made of glass – where an adjudicator decided that the plaintiff was to pay the first defendant the money it claimed under the Building and Construction Industry Payments Act 2004 – where the plaintiff challenges that adjudication on the basis that the Contact was not enforceable because it required the first defendant to perform work for which it was not duly licensed under the Queensland Building Services Authority Act 1991 – whether the first defendant was duly licensed to perform the work it was required to perform by the Contract.....

Click here to read more
8th June 2012
John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited & Ors [2012] QCA 150

Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where appellant subcontracted work to first respondent – where first respondent served payment claim under s 17(1) of the Building and Construction Industry Payments Act 2004 on appellant and appellant served payment schedule in reply to payment claim under s 18(1) of the Act – where first respondent served adjudication application under s 21 of the Act and appellant served adjudication response under s 24 of the Act – where third respondent delivered adjudication decision – where appellant applied in Trial Division for declaration that adjudication void and should be set...

Click here to read more
14th March 2012
Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea's Concreting & Anor [2012] QSC 51

Taxes and duties – administration of federal tax legislation – collection and recovery of tax – collection of amount from third party – Taxation Administration Act 1953 (Cth), Schedule 1 s260-5 – notices – statutory charge created by – where moneys paid into court by recipient of notice – where debt owing be recipient to taxpayer discharged by that payment – whether Commissioner of Taxation entitled to a charge over money in court.

Click here to read more
24th February 2012
Christie v Seventh Day Adventist Schools (South Queensland) Ltd [2012] QDC 32

Recovery of monies – statutory entitlement to payment – unlicensed contractor – progress claim valid only so far as it did not involve building work; Queensland Building Services Authority Act 1991 s 42(3), (4); Building and Construction Industry Payments Act 2004 ss 12, 13, 17; Cant Contracting Pty Ltd v Casella [2007] 2 Qd R 13 - followed

Click here to read more

Show all casesprevious 1 2 3 456 7 8 9...16 17 next