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Australia (Queensland) Cases
Click on a case to view.
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31st January 2012
HM Hire Pty Ltd v National Plant and Equipment Pty Ltd & Anor [2012] QSC 4Building, engineering and related contracts – remuneration – statutory regulation of entitlement to and recovery of progress payments – adjudication of payment claims – where second respondent exercised jurisdiction as an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”) to decide that the applicant should make a progress payment to the respondent – where contract required the applicant to perform clear and grub works, topsoil stripping and placement at project site – where work actually performed was the excavation and removal of timber and topsoil from the site – whether the work carried out for which payment was sought was “construction work” – whether the work carried out fell within the exclusion under s 10(3)(b) of the Act Building and Construction Industry Payments Act...
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6th January 2012
James Trowse Constructions Pty Ltd v MG Constructions (Qld) Pty Ltd [2012] QCAT 42Adjudicator’s decision – payment in accordance with decision – post decision options
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14th November 2011
Ware Building Pty Ltd v Centre Projects Pty Ltd [2011] QSC 343Application to stay of order that money paid into court be paid to Respondent - Appellant's case; it had good prospects of success in an arbitration, imminence of arbitartion, diligence in working to get the arbitration on, danger of any arbitration in its favour being rendered nugatory as the Respondent liable to dissipate the money or be in such a state of insolvency as to render its success nugatory.
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4th November 2011
Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor [2011] QSC 327Administrative Law – Judicial Review – Grounds of Review – Error of Law – where the applicant was a head contractor and the first respondent a subcontractor – where the first respondent made an adjudication application under the Building and Construction Industry Payments Act 2004 (Qld) – where the adjudicator accepted the first respondent’s claim in full – where the applicant obtained an injunction restraining the first respondent from enforcing the adjudication decision until trial or further order – whether the applicant was denied natural justice – whether a denial of natural justice must be substantial or material for relief to be granted
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13th October 2011
Ware Building Pty Ltd v Centre Projects Pty Ltd & Anor (No 1) [2011] QSC 424Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Payment claims – Adjudication order – Injunction Building and Construction Industry Payments Act 2004
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5th October 2011
QCLNG Pipeline Pty Ltd v McConnel Dowell Constructors Ltd and Consolidated Contracting Company [2011] QSC 292Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where applicant engaged first respondent to design and construct a gas pipeline in Central Queensland – where vegetation clearing and pipeline construction along a right of way (ROW works) was suspended pending statutory approvals – where, pursuant to contractual provisions, first respondent issued variation proposal claiming payment for costs occasioned by suspension – where applicant then issued suspension notice confirming first respondent was to immediately cease ROW works – where first respondent issued second variation proposal, and then an interim consolidated claim – where first respondent then issued payment claim – where applicant responded...
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30th September 2011
Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] QSC 293Contracts – Building, Engineering related Contracts - where the applicant seeks a declaration that the adjudication is void – where the applicant Syntech delivered its “adjudication response”, in accordance with s 24 of Building and Construction Industry Payments Act 2004 (Qld) – where a number of documents were attached to, and delivered with, Syntech’s adjudication response, including spreadsheets that had not been included in or supplied with the payment schedule – where the question is not whether the spreadsheets would or might have been admissible under the procedural and evidentiary rules applicable to Supreme Court litigation; the question is whether the adjudicator in this case failed to meet the statutory conditions which were essential for a valid decision to be made – where s 26(2)(d) required the adjudicator, in the circumstances,...
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11th July 2011
National Plant and Equipment Pty Ltd v HM Hire Pty Ltd [2011] QDC 172Building and Construction Industry Payments Act 2004, s 31 Uniform Civil Procedure Rules 1999, s 667(2), s 807 Application to set aside an assertedly irregularly entered judgment; being a registered adjudication certificate – there is no order of the court or judgment to be set aside - as Act required, affidavit supplied with the certificate showed payments off the adjudicated amount
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11th June 2011
James Trowse Constructions Pty Ltd v ASAP Plasterers Pty Ltd & Ors [2011] QSC 145Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments - Progress Payments- where the applicant entered into a subcontract with the first respondent to carry out certain contractual works – where the first respondent served a payment claim on the applicant pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the third respondent adjudicator made an adjudication decision in favour of the first respondent – where the applicant argued that the adjudicator failed to properly consider the construction contract and decided a variation claim on a basis which neither party had contended – whether the adjudicator’s decision was tainted by an absence of good faith and/or breach of natural justice – whether the adjudication...
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3rd June 2011
Walton Construction (Qld) Pty Ltd v Corrosion Control Technology Pty Ltd & Ors [2011] QSC 67Contracts - Building, Engineering and related contracts - Remuneration - Statutory regulation of entitlement to and recovery of progress payments - Payment claims - where the applicant was the main contractor for a building project – where the first respondent was a sub-contractor engaged by the applicant – where the first respondent made a claim for payment from the applicant – whether the claim for payment was valid Arbitration – Conduct of the Arbitration proceedings – Powers, Duties and Discretion of Arbitrator – Duty to observe Rules of Natural Justice – where the third respondent made a decision under the Building and Construction Industry Payments Act 2004 (Qld) regarding the claim for payment - whether the third respondent complied with the obligation to afford natural justice – whether the decision made by the third respondent...