Australia (Queensland) Cases

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  • 2nd October 2014
    Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2014] QSC 271
    Where an adjudication decision was made by the second respondent under the Building and Construction Industry Payments Act 2004 (Qld) in favour of the first respondent and against the applicant – where the applicant has brought proceedings challenging the validity of the adjudication decision – where the applicant seeks an interlocutory injunction restraining the first respondent from taking steps to enforce the adjudication decision pending the determination of the principal proceedings – where the applicant was prepared to pay moneys into court pending the determination of the principal proceedings – where the applicant submits that if the injunction were not granted there is a risk that it would not be repaid if ultimately successful in the principal proceedings – whether an injunction should be granted.
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  • 22nd September 2014
    Civil Mining & Construction Pty Ltd v Isaac Regional Council [2014] QSC 231
    Where the applicant and respondent entered into a contract for the construction of road works – where there was an extensive history of disputes as to payments owed under the contract - where the parties invoked the dispute resolution provisions under the contract, including mediation and arbitration – where the applicant made a payment claim under the Building and Construction Industry Payments Act (Qld) 2004 (the Act) – whether the applicant can pursue its statutory remedies under the Act concurrently with arbitration proceedings – whether the claim is an abuse of process.
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  • 16th September 2014
    McNab Developments (Qld) Pty Ltd v MAK Construction Services Pty Ltd & Ors [2014] QCA 232
    Where the appellant was a contractor and the first respondent was a subcontractor for a building project – where the first respondent served a payment claim on the appellant totalling $853,952.97 – where the appellant contended that the subcontract had been terminated due to the first respondent’s default – where the first respondent sought adjudication of its claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the adjudication was heard by the third respondent – where the third respondent decided that the appellant owed the first respondent $241,441.20 – where the appellant claimed a right to liquidated damages under the subcontract – where the appellant’s right to liquidated damages depended on the date for practical completion – where the applicant filed an application to the Supreme Court seeking...
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  • 15th September 2014
    Caltex Refineries (Qld) Pty Ltd & Anor v Allstate Access (Australia) Pty Ltd & Ors [2014] QSC 223
    Where the first respondent agreed to supply the applicants with scaffolding equipment – where the first respondent alleged the applicants damaged the equipment – where the first respondent made a payment claim pursuant to the Building and Construction Industry Payments Act 2004 (Qld) and the Building and Construction Industry Security of Payment Act 1999 (NSW) – where the third respondent adjudicator ordered the applicants pay the first respondent for the replacement costs of the equipment – whether the amounts claimed were payments for the supply of goods or for damages for breach of contract – whether the adjudicator erred in the interpretation of the contract – whether such an error is a jurisdictional error
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  • 27th August 2014
    Eco Steel Homes Pty Ltd v Hippo’s Concreting Pty Ltd & Ors [2014] QSC 135
    Where the applicant seeks a declaration that the adjudicator’s decision is void for jurisdictional error – where the applicant contends that the payment claims did not comply with s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where the applicant contends that prior proceedings instituted by the first respondent in the Magistrates Court prevent the first respondent from having recourse to the adjudication process under BCIPA – where the applicant contends that it did not enter into contractual agreement with the first respondent – whether for these reasons the adjudicator’s decision is void for jurisdictional error
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  • 27th August 2014
    CMF Projects Pty Ltd v Masic Pty Ltd & Ors [2014] QSC 209
    Where the applicant seeks a declaration that the adjudicator’s decision is void – where the adjudicator did not consider the applicant’s “adjudication response” – where the adjudicator excluded the “adjudication response” from consideration as it was not received within the required time limits of s 24 of the Building and Construction Industry Payments Act 2004 (Qld) – where the applicant contends that its “adjudication response” was in time, due to the way in which the “notice of an adjudicator’s acceptance of the application” was served on the applicant – whether the “adjudication response” conformed with the requirements of s 24 and consequently the adjudicator’s decision is void for not taking the “adjudication response” into consideration.
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  • 15th August 2014
    Kaycee Trucking Pty Ltd v M and C Rogers Transport Pty Ltd & Ors [2014] QSC 185
    whether the Payment Claim was validly made – whether the Payment Claim was made under a relevant construction contract – whether the Adjudication Application sought adjudication of a claim under a relevant construction contract – whether the Payment Claim related to more than one construction contract Building and Construction Industry Payments Act 2004 (Qld), s 30, s 31
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  • 11th August 2014
    Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd and Anor (No 2) [2014] QSC 180
    Where the applicant was entirely successful – where the decision of the adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) was declared to be of no effect – whether a subsequent adjudication should affect the costs order - whether costs should follow the event.
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  • 31st July 2014
    Wiggins Island Coal Export Terminal Pty Ltd v Sun Engineering (Qld) Pty Ltd & Anor [2014] QSC 170
    Where the applicant is seeking to stay an adjudicator’s decision made under BCIPA that required it to pay monies to the respondent - where the monies are currently being held in Court – where the respondent conceded that a “prima facie” case had been shown by the applicant – where the main issue turned on the balance of convenience – where the applicant submitted that it doubted the respondents financial capacity – where the applicant submitted it should not bear the risk that the respondent would be able to repay the monies the applicant is successful in the final hearing – where the respondent submitted that as a matter of policy under BCIPA the adjudicated amount should be paid to it – whether the applicant should bear the risk that if it is successful in the final hearing the respondent would be unable to repay the monies
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  • 24th June 2014
    Allan Thompson Building and Development v Mecca Bah (Gold Caost) Pty Ltd [2014] QCAT 300
    Cost plus contract for installation and repair – authority to source and arrange appliances and services – obligation to source on best terms – obligation to supervise – margin applicable to cost plus contract
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  • 6th June 2014
    Ball Construction Pty Ltd v Conart Pty Ltd [2014] QSC 124
    Where the applicant and a company entered into a building contract – where that company and the first respondent entered into a deed of assignment with the consent of the applicant – where the director of the original construction company swore a statutory declaration – where the director of the first respondent also swore a statutory declaration – where the statutory declarations stated that no variations, claims or disputes existed – whether the statutory declarations and the agreement to enter into a deed of assignment created an estoppels
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  • 21st May 2014
    Mudri v Queensland Building and Construction Commission [2014] QCAT 222
    Permitted Individual – where the applicant was a director of a company – where the company was liable to make a payment to a third party under the Building and Construction Industry Payments Act 2004 (Qld) – liability to pay as a matter of law – where applicant commenced proceedings against the third party – whether not paying the adjudicated amount constitutes a reasonable step for the purposes of s 56AD(8) amounts to reasonable step
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  • 2nd May 2014
    Northbuild Construction Sunshine Coast Pty Ltd v Beyfield Pty Ltd [2014] QSC 80
    where the applicant, as head contractor, entered into a construction contract with the first respondent, as subcontractor – where the first respondent made a payment claim pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to an adjudicator – where the adjudicator ordered the applicant to pay the first respondent – where the applicant seeks judicial review of the adjudicator’s decision - where the applicant contends that the adjudicator’s decision was affected by jurisdictional error – whether the adjudicator misinterpreted the contract – whether misinterpretation of the contract amounts to a jurisdictional error.
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  • 7th April 2014
    J Hutchinson Pty Ltd v Cada Formwork Pty Ltd & Ors [2014] QSC 63
    Where the applicant and the first respondent had a contract for the performance by the first respondent of formwork services for a construction project – where the first respondent made an adjudication application under the Building and Construction Industry Payments Act 2004 (Qld) – where an adjudication decision was made by the third respondent in favour of the first respondent – where the third respondent relied on documents that had not been provided to the applicant – where those documents were not submitted to the third respondent as part of the first respondent’s adjudication application – whether the third respondent failed to comply with the requirements of natural justice.........
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  • 7th March 2014
    Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd and Anor [2014] QSC 30
    Where the applicant challenges an adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) – where some of the adjudication application was served on the applicant by way of email – where other documents in the adjudication application were contained in a Dropbox file - whether the adjudication application was properly served on the applicant.
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  • 14th February 2014
    Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd [2014] QSC 12
    Where a subcontractor gave a head contractor bank guarantees as security for the performance of its obligations – where the head contractor alleged certain breaches on the part of the subcontractor and sought to call on the guarantees – where the contract provided for recourse to the retention following notice being given of a liquidated or unliquidated demand – whether the provision was inconsistent with s 67E of the Queensland Building Services Act 1991 and therefore inoperative.
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  • 20th December 2013
    J&D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406
    Contracts - Building, Engineering and related contracts – Remuneration - Statutory Regulation of entitlement to and recovery of progress payments - Adjudication of payment claims.
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  • 20th December 2013
    BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors [2013] QCA 394
    Contracts – Building and Engineering related contracts – Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – adjudication of payment claims
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  • 31st October 2013
    Kellett Street Partners Pty Ltd v Pacific Rim Trading Co Pty Ltd [2013] QSC 298
    Building, Engineering and related contracts – Remuneration – Recovery – where the applicant and first respondent entered into an oral contract for building work – where work was done until March 2012 – where the first respondent made various payment claims under the Building and Construction Industry Payments Act 2004 (Qld) – where those claims were adjudicated – where two disputed claims included claims for some of the same construction work performed in other, earlier claims – whether the payment claims were invalid – whether the applicant is entitled to declaratory relief
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  • 25th October 2013
    McNab Developments (Qld) Pty Ltd v MAK Construction Services Pty Ltd & Ors [2013] QSC 293
    Contracts – Building, Engineering and Related Contracts, Remuneration, Statutory Regulation of Entitlement to and recovery of Progress Payments – Adjudication of Payment Claims – where the applicant entered into a subcontract with the respondent to carry out concreting and formwork services – where the applicant terminated the subcontract – where the first respondent served a payment claim on the applicant pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the reference date identified in the payment claim was after the termination date of the subcontract – where the applicant served a payment schedule – where the payment claim was referred to adjudication – whether identification of patently incorrect reference date deprived adjudicator of jurisdiction – where the adjudicator decided on the amount...
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  • 20th September 2013
    McCarthy v State of Queensland [2013] QCA 268
    Contracts – 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...
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  • 19th September 2013
    Ooralea Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd & Anor [2013] QSC 254
    Contract – 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...
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  • 6th September 2013
    Watpac Construction (Qld) Pty Ltd v KLM Group Ltd & Ors [2013] QSC 236
    Contracts – 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
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  • 26th August 2013
    McConnell Dowell Constructors (Aust) Pty Ltd v Heavy Plant Leasing Pty Ltd [2013] QSC 223
    Contracts – 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)...
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  • 2nd August 2013
    Stadaline Pty Ltd H& N Latter Family Trust v Hassani [2013] QCAT 400
    Commercial 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
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  • 25th June 2013
    Agripower Australia Ltd v J & D Rigging Pty Ltd & Ors [2013] QSC 164
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – Adjudication of payment claims
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  • 31st May 2013
    Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Ors [2013] QSC 141
    Thiess 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
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  • 17th May 2013
    McNab NQ Pty Ltd v Walkrete Pty Ltd & Ors [2013] QSC 128
    Administrative 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...
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  • 30th April 2013
    McCarthy t/a PJ McCarthy Commercial and Residential Builders v The State of Queensland [2013] QDC 79
    Application – 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
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  • 5th April 2013
    Blackwhite Pty Ltd v Ryall Smyth Architects Pty Ltd [2013] QCAT 142
    Minor 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
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  • 28th February 2013
    South East Civil & Drainage Contractors P/L v AMGW P/L & Ors [2013] QSC 45
    Contracts  – 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 4
    where 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 6
    Contracts – 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 388
    Contracts – 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 349
    Appeal –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 373
    Contracts - 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 346
    Contracts –  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 276
    Administrative 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 306
    Administrative 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 501
    Commercial 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
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  • 14th September 2012
    Walton Construction (Qld) P/L v Plumber by Trade P/L & Ors (No 2) [2012] QSC 280
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  • 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...
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  • 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...
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  • 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...
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  • 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...
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  • 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...
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  • 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.....
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  • 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...
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  • 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.
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  • 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
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  • 31st January 2012
    HM Hire Pty Ltd v National Plant and Equipment Pty Ltd & Anor [2012] QSC 4
    Building, 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 42
    Adjudicator’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 343
    Application 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 327
    Administrative 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 424
    Contracts – 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 292
     Contracts – 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 293
    Contracts – 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 172
    Building 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 145
    Contracts – 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 67
    Contracts - 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...
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  • 3rd June 2011
    Vantage Holdings Pty Ltd v JHC Developments Group Pty Ltd [2011] QSC 155
    Contracts – Building, Engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – where the plaintiff claims payment of outstanding balances by the defendant – where the plaintiff served claims for progress payments - Procedure – Supreme court procedure – Queensland – Procedure under Uniform - Civil procedure rules and Predecessors – Summary Jugment – where the plaintiff files an application for summary judgment – where the application is by its express terms made pursuant to rule 292 of the Uniform Civil Procedure Rules 1999 (Qld) – whether the defendant had filed a notice of intention to defend – whether the application is one for judgment pursuant to the Building and Construction Industry Payments Act 2004 (Qld). - Procedure - Supreme...
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  • 18th May 2011
    Penfold Projects Pty Ltd v Securcorp Limited [2011] QDC 77
    Contracts - Building, Engineering and related contracts – Remuneration– Statutory regulation of entitlement to and recovery of progress payments – Payment claims– where the applicant and the respondent entered into a construction contract – where a Construction Manager was the third party to the contract – where in December 2010 and January 2011 the applicant sent by email to the Construction Manager documents addressed to the respondent care of the Construction Manager – where those documents were headed as “Progress Claim” and contained the statement, “This is a progress claim under the Building and Construction Industry Payments Act 2004” – where neither claim had been paid in part or in full by the respondent – where there was evidence on behalf of the respondent that the applicant at no...
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  • 1st April 2011
    VK Property Group Pty Ltd & Ors v Conias Properties Pty Ltd & Anor [2011] QSC 54
    Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Payment claims – Where the applicants and first respondent entered into a contract in respect of a unit complex development proposal – Where the first respondent made three payment claims – Where payment claim 1 was accepted as invalid and payment claims 2 and 3 were adjudicated under the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”) – Where the applicants allege the decision of the second respondent is void or should otherwise be set aside by reason of jurisdictional error – Whether the applicants have established such jurisdictional error - Building and Construction Industry Payments Act 2004 (Qld) - AE & E Australia Pty Ltd v Stowe Australia Pty Ltd...
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  • 31st March 2011
    Bodhi Space No 2 Trust v Jasmine May Grochau & Paul Sheep Investments Pty Ltd [2011] QDC 59
    Uniform Civil Procedure Rules r 292, r 293 Cross-applications by plaintiff and defendants for summary judgement - plaintiff successful - parties' deed held to require payment on dates stipulated for particular amounts aggregating $140,000, which was taken to be the relevant debt on dissolution of a partnership - payments to by made albeit on a provisions basis pending recourse to processes for raising and resolving disputes as to correctness of the $140,000 - no outcome from such processes to date
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  • 11th March 2011
    John Holland Pty Ltd v Walz Marine Services Pty Ltd & Ors [2011] QSC 39
    Contracts – Building, engineering and related contracts – The contract – where applicant company constructing wharf and coal loading facility – where first respondent subcontractor for marine works – where first respondent submitted claims for delay and disruption costs pursuant to subcontract – where first respondent made adjudication application under the Building and Construction Industry Payments Act 2004 – where adjudicator allowed the claim – where applicant applied for order that the decision be quashed or set aside – where applicant applied alternatively for declaration that decision is void or for order restraining the first respondent from enforcing or relying on decision – whether adjudicator erred in not applying his mind to the task of valuation of claims as required - Contracts - Building, engineering and...
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  • 2nd March 2011
    HVAC (Qld) Pty Ltd v Xception Pty Ltd [2011] QDC 22
    Contracts – Subcontract – agreement for supply of delivery and installation of mechanical services – statutory regulation of entitlement to and recovery of progress payments – claim for payment under the Building and Construction Industry Payments Act 2004 – application for summary judgment – existence of arguable defences under s 52 of the Trade Practices Act 1974 and/or estoppels - Respondent alleged applicant ahd engaged in misleading and deceptive conduct – Whether There is an Arguable Case for Breach of s 52 of Trade Practices Act 1974 (Cth) – whether summary judgment should be given - Estoppel – Respondent Alleged Estoppel Based on a Course of Conduct – whether estoppel available as a defence to an application for judgment on a payment claim
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  • 18th February 2011
    Northbuild Construction P/L v Central Interior Linings P/L & Ors [2011] QCA 22
    Administrative Law – Judicial Review – Private clauses – Particular cases – where appellant seeks declaratory and injunctive relief – where appellant does not seek relief under Judicial Review Act 1991 (Qld) – where issues of judicial review were argued by counsel – whether adjudication decisions made under the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act) are subject to judicial review for jurisdictional error – whether the primary Judge erred in applying the grounds set out in Brodyn to determine whether the adjudication decision was valid - Contracts – Building, engineering and related contracts – Remuneration – Recovery – where appellant was head contractor under construction contract – where appellant entered into subcontract with first respondent – where first...
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  • 23rd December 2010
    T & M Buckley P/L v 57 Moss Rd P/L [2010] QCA 381
    Contract – Building, engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where respondent served on applicant a payment claim pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (‘the Act’) – where applicant failed to serve a payment schedule pursuant to s 18 of the Act – where applicant seeks to appeal summary judgment given in favour of respondent on a part of the payment claim – where respondent seeks to cross-appeal summary judgment – whether the trial judge erred in deciding whether respondent’s payment claim sufficiently identified the relevant construction work or related goods and services to which the claim related and was a valid payment claim for the purposes of the Act – whether applicant...
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  • 14th December 2010
    Spankie & Ors v James Trowse Constructions Pty Limited [2010] QCA 355
    Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovery of progress payments - Payment claims – where the appellants and respondent entered into a construction contract and the respondent served a payment claim on the appellants – where the payment claim was adjudicated under Building and Construction Industry Payments Act 2004 (Qld) (‘BCIPA’) – where adjudication decision declared void – where the respondent served on the appellants a subsequent payment claim, claiming an unpaid amount from the earlier claim – where the appellant’s applied for a declaration that the subsequent payment claim was void as an abuse of process or as a second payment claim in contravention of s 17(5) of BCIPA – where the primary judge dismissed the application –...
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  • 6th December 2010
    Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No 2) [2010] QSC 457
    Contracts  – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovry of progress payments – Adjudication of payment claims – where an adjudicator upheld the first respondent’s claim for a progress  payment under the Building & Construction Industry Payments Act 2004 (Qld) – where in July 2009 the applicant successfully applied for an injunction restraining the first respondent from taking any steps to obtain an adjudication certificate or from otherwise enforcing the adjudication decision, on the applicant’s undertaking to provide bank guarantees to secure the adjudicated amount – whether the applicant should be required to provide further security for the interest that has accrued on the adjudicated amount, as a condition of theinjunction. - Building and Construction...
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  • 17th November 2010
    Singh v Worner Electrical Industries [2010] QCATA 83
    Leave to Appeal – Minor civil dispute – where no new evidence – whether evidence properly considered in primary decision – whether error in primary decision - Building and Construction Industry Payments Act 2004 ss 10, 12, 20(a)(i) - Queensland Civil and Administrative Tribunal 2009 ss 28(2), 142(3)(a)(i) - Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321  
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  • 17th September 2010
    Leighton Contractors v Vision Energy [2010] QSC 353
    Contracts – Building, Engineering and related contracts – where the applicant subcontracted lighting and electrical installation to the respondent pursuant to a schedule of rates contract in February 2009 – substantial completion of the works in December 2009 – applicant submitted release and waiver to respondent pursuant to contract – where respondent could provide written response to the details in the release and waiver – where release and waiver was "final and binding" on both parties if respondent failed to return or respond, and to the extent it did not disagree with the details in it –where respondent submitted progress claim pursuant to Building and Construction Industry Payments Act 2004 (Qld) s 17 – where applicant served a payment schedule – where respondent lodged an adjudication application under the Building and Construction...
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  • 14th September 2010
    Eastern Well Service No 2 Pty Ltd v Campac (Aust) Pty Ltd [2010] QSC 350
    Contracts – Building, Engineering and related Contracts – where applicant engaged to construct a mobile camp – where respondent was to build the camp by 12 August 2010 for the applicant – where delays occurred – where applicant seeks an interlocutory injunction requiring the respondent to deliver up the mobile camp or such part of it which has been constructed and to deliver up confidential information which was provided by it to the respondent in connection with the agreement to manufacture the camp – whether such interlocutory injunction should be granted.
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  • 10th September 2010
    De Neefe Signs Pty Ltd v Build1 (Qld) Pty Ltd; Traffic Technologies Traffic Hire Pty Ltd v Build1 (Qld) Pty Ltd [2010] QSC 279
    Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – Validity of adjudication application and decision – Validity of payment claim - Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Payment claims – What constitutes valid payment claim – Building and Construction Industry Payments Act 2004 (Qld), s 17 - Procedure – Courts and judges generally – Courts – Attempt to oust jurisdiction of court – By statute – Implied ouster – Exclusivity of jurisdiction of statutory adjudicator - Statutes – Acts of Parliament – Interpretation – Particular...
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  • 6th August 2010
    Mansouri & Anor v Aquamist P/L [2010] QCA 209
    Contracts – General contractual principles – Building, Engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Progress payments – where the appellants were the registered owners of the land on which the respondent carried out work – where the respondent alleged that the appellants were liable for progress payments under the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where the primary judge gave summary judgment in favour of the respondent for a progress payment under s 19(2)(a)(i) BCIPA – where the appellants argued that the primary judge erred as there was a factual dispute about the existence of a construction contract – where the respondent conceded that the primary judge’s analysis...
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  • 23rd July 2010
    T & T Building Pty Ltd v GMW Group Pty Ltd & Ors [2010] QSC 211
    Contracts – Building, Engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claimsJUDICATION OF PAYMENT CLAIMS – where the Applicant was to submit monthly progress claims to the First Respondent – whether the Applicant and First Respondent varied the contract to allow the Applicant to issue progress claims every two weeks – whether post-agreement conduct can be used to determine the terms of a contract -  Contracts – Building, engineering and related contracts – Remuneration - Statutory regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where the First Respondent argued there was ‘double dipping’ in the Applicant’s payment claims – whether this...
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  • 15th July 2010
    57 Moss Rd Pty Ltd v T&M Buckley Pty Ltd [2010] QSC 278
    Procedure– Costs - Security for costs – where the applicant and the first respondent entered into a construction contract in 2008 – where work ceased in 2009 and the contract was eventually terminated – where the first respondent made a claim against the applicant in respect of the building works – where the second respondent conducted an adjudication in respect of that claim – where the applicant brought an application (Proceeding No 3037 of 2010) to have that adjudication set aside – where the applicant brought a claim for liquidated damages against the first respondent (Proceeding No 1737 of 2010) – where this application is brought by the first respondent for security for costs in Proceeding No 3037 of 2010 – where orders also sought that Proceeding No 3037 of 2010 and 1737 of 2010 be stayed – whether those orders should...
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  • 24th June 2010
    Sheppard Homes Pty Ltd v FADL Industrial Pty Ltd [2010] QSC 228
    Contracts – Building, engineering and related contracts – The contract – Generally – Agreement for the provision of licence to use drawings – Whether a construction contract – Whether a “related service” under the Act - Procedure – Supreme Court procedure – Queensland – Jurisdiction and generally – Generally –Inherent jurisdiction to determine whether an inferior tribunal exceeded its jurisdiction -  Statutes – Acts of Parliament – Interpretation – Particular words and phrases - Building and Construction Industry Payments Act 2004 (Qld), s 3(1), s 11 – “services” and “architectural or design services” – Excludes the supply of a licence to use drawings - Building and Construction Industry Payments Act 2004 (Qld), s 3(1), s 3(2), s 11 - Kirk...
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  • 1st June 2010
    Thiess Pty Ltd and John Holland Pty Ltd v Civil Works Australia Pty Ltd & Ors [2010] QSC 187
    Administrative Law – Judicial review – Grounds of review – Procedural Fairness – Hearing – Nature of hearing – opportunity to present case – where decision made by adjudicator under the Building and Construction Industry Payments Act 2004 – where the first respondent wrote a letter to the adjudicator outside the relevant timeframe – where the applicant also wrote a letter contending that the adjudicator was precluded from considering the first respondents letter because it was provided outside the relevant timeframe – where the applicant claims that it should have been given an opportunity to respond to the letter – where the adjudicator expressly disregarded the first respondents letter – whether  this constituted a failure on the part of adjudicator to afford the applicant natural justice   - Administrative...
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  • 26th May 2010
    Gisley Investments P/L v Williams & Anor [2010] QSC 178
    Contracts – Building engineering and related contracts - Adjudication – where the first respondent sent the applicant a payment claim under the Building and Construction Industry Payments Act 2004 – where the applicant sent an email in response on the same day disputing the amount claimed –whether the applicant’s email constituted a payment schedule under s 18 of the Act - Statutes – Acts of parliament – Interpretation - Permissive, Directory and Mandatory Powers – where the first respondent made an application under s 21 of the Act for an adjudication of the dispute, on the basis that no payment schedule had been provided by the applicant – where, if a valid payment schedule was provided by the applicant, the first respondent’s adjudication application was out of time – whether an application made...
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  • 21st May 2010
    Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2010] QCA 119
    Contracts – Building, engineering and related contracts – Remuneration– Statutory regulation of entitlement to and recovery of progress payments – respondent made a payment claim against appellant under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) – appellant did not deliver a payment schedule – appellant challenged validity of payment claim – respondent given summary judgment for amount claimed – whether primary judge erred in giving summary judgment - Contracts - Building Contracts – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – appellant alleged a prior payment claim existed in respect of the same reference date – respondent argued prior claim did not meet requirements of BCIP Act –...
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  • 19th May 2010
    David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (No. 2) [2010] QSC 166
    Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Hearing – Nature of Hearing – Opportunity to present case – where an adjudicator upheld the first respondent’s claim against the applicants under the Building and Construction Industry Payments Act 2004 (Qld) – where the applicants allege that the adjudicator decided a substantial part of the claim upon a basis which neither the applicants nor the first respondent had addressed – whether the adjudicator’s decision is void for want of natural justice. - Building and Construction Industry Payments Act 2004 (Qld) s 25(4) - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor (2004) 61 NSWLR 421 - David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors [2010] QSC 29 - John...
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  • 18th May 2010
    Simcorp Developments and Constructions P/L v Gold Coast Titans Property P/L [2010] QSC 162
    Procedure  – Supreme Court Procedure – Queensland – Practice Uunder Rules of Court – Staying Proceedings – where the applicant, Simcorp Developments Pty Ltd, commenced proceedings in relation to payment claims made pursuant to the Building and Construction Industry Payments Act 2004 – where the applicant, Simcorp Developments Pty Ltd, seeks leave to discontinue those proceedings in favour of a new claim - whether appropriate to stay further proceedings until costs are paid – whether costs should be paid on the indemnity basis - Contract – Building, Engineering and related contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where the applicant, Simcorp Developments Pty Ltd, served a payment claim pursuant to the Building and Construction Industry Payments Act...
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  • 14th May 2010
    Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting [2010] QSC 156
    Administrative Law– Judicial Review –Eviewable Decisions snd Conduct – Generally – where an adjudicator upheld the first respondent’s claim for a progress payment under the Building & Construction Industry Payments Act 2004 (Qld) – where the applicant challenges that decision on the basis that it was procured by the fraud of the first respondent – whether an adjudicator’s decision procured by fraud may be the subject of judicial review. - Building and Construction Industry Payments Act 2004 (Qld) ss 18, 24(4), 33 - Judicial Review Act 1991 (Qld) Sch 1 Pt 2, ss 18(2), 41 - Justice and Other Legislation Amendment Act 2007 (Qld)ss 90-91 - Supreme Court Act 1970 (NSW)...........
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  • 14th May 2010
    John Holland Pty Ltd v Schneider Electric Buildings Australia Pty Ltd [2010] QSC 159
    Building and Engineering Contracts – Building and Construction Industry Payments Act 2004 (Qld) – whether payment claim sought to re-agitate issues decided by previous adjudicator – nature of previous adjudicator’s decision – whether the Act precludes re-agitation of same issues- whether issue estoppel arises from adjudicator’s decision –whether claimant should be restrained from serving an adjudication application
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  • 27th April 2010
    AE & E Australia Pty Ltd v Stowe Australia Pty Ltd [2010] QSC 135
    Building and Engineering Contracts – Building and Construction Industry Payments Act 2004 (Qld) – whether payment claim sought to re-agitate issues decided in earlier adjudication determination – whether issue estoppels arises from adjudication determination –whether claimant should be restrained from serving an adjudication application with respect to items that are re-agitated in new payment claim
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  • 9th April 2010
    Northbuild Construction Pty Ltd v Central Interior Linings Pty Ltd & Ors [2010] QSC 95
    Administrative Law – Judicial Review – Natural Justice – where there was a construction contract between the applicant and the first respondent – where the matter went to adjudication – where there were discrepancies in the materials before the adjudicator – whether the adjudicator made a bona fide attempt to understand and apply the contract -  Administrative Law – Judicial Review – Natural Justice – where there was a construction contract between the applicant and the first respondent – where variation work was completed by the first respondent – where the matter went to adjudication – where the payment claim included 73 variation claims – where the first  respondent provided a quantity surveyor report with respect to 33 of the variation claims – where the adjudicator did not...
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  • 5th March 2010
    T&M Buckley Pty Ltd v 57 Moss Rd Pty Ltd [2010] QDC 60
    Contracts – Building, Engineering and related Contracts  – Remuneration – Recovery – Where applicant entered into a construction contract with the respondent – where the applicant made a payment claim against the respondent – where the applicant applies for judgment against the respondent pursuant to s 19(2)(a)(i) of the Building and Construction Industry Payments Act 2004 (Queensland) – whether the payment claim was valid under the Building and Construction Industry Payments Act 2004 (Queensland -  The Building and Construction Industry Payments Act 2004 (Queensland) s 17(1), s 17(2), s 18(4), s 18(5), s 19(2)(a)(i), s 19(4)(b)(ii) - Baxbex Pty Ltd v Bickell [2009] QSC 194 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 - Clarence Street Pty Ltd v Isis Projects Pty 2005] NSWCA 391 Co-ordinated Construction...
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  • 16th February 2010
    Adams v Zen 28 Pty Ltd & Ors [2010] QSC 36
    Procedure – Supreme Court Procedure – Queensland – Procedure under rules of Court – Summary Judgment – where decision made by adjudicator appointed under Building and Construction Industry Payments Act 2004 in favour of applicant against first respondent – where applicant commenced the present proceeding by filing an originating application seeking specific relief against first respondent – where undertakings were given by which the applicant refrained from enforcing the judgment debt and proceedings were adjourned – where consent order signed by parties’ solicitors whereby an undertaking was given by the first and second respondents to provide a bank guarantee and by the applicant to provide a withdrawal of a caveat upon delivery of the bank guarantee – where the first respondent company went into voluntary...
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  • 12th February 2010
    David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (No. 2) [2010] QSC 166
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – where errors in the allowance of a progress claim by an adjudicator – whether adjudication void for want of good faith or failure to accord natural justice -  Building and Construction Industry Payments Act 2004 -  (Qld) Queensland Building Services Authority Act 1991 (Qld), s 13, s 26, s 29(2), s 67J, s 99 - Brodyn Pty Ltd t/as Time Cost & Quality v Davenport &  Anor (2004) 61 NSWLR 421 - John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors [2009] QSC 205 - Queensland Bulk Water Supply Authority v McDonald Keen Group Pty Ltd & Anor [2009] QSC 165 - Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group Pty Ltd (in liq) & Anor [2010] QCA 007 - Re Minister...
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  • 5th February 2010
    Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where adjudication of claim for recovery of a progress payment – where adjudicator allowed recovery – where judgment obtained by filing adjudicator’s certificate – where legislation prohibited challenge to adjudicator’s decision – whether application for declaration that adjudicator’s decision void and for order setting aside judgment amounted to impermissible collateral attack on judgment. - Arbitration – Conduct of the Arbitration Proceedings – Powers, Duties and Discretion of Arbitrator – Generally – where legislation specified matters an adjudicator must take into account in making a determination – where adjudicator required...
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  • 15th January 2010
    Tenix Alliance P/L v Magaldi Power P/L [2010] QSC 7
    Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Validity of payment claim – Claim made after reference date not invalid Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Prolongation costs for period after payment claim – Not costs of construction work Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Validity of payment schedule – Interpretation of schedule – Statement of amount proposed to be paid – Statement of reasons for withholding part of amount claimed – Non-compliance with statutory...
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  • 12th January 2010
    National Vegetation Management Solutions Pty Ltd v Shekar Plant Hire Pty Ltd [2010] QSC 3
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of entitlement to and recovery of Progress Payments – where respondent was awarded a contract by Powerlink Queensland to carry out land clearing for a power transmission line – where respondent engaged applicant to carry out part of its contract – where applicant submitted invoice to respondent claiming $511,324.44 – where applicant seeks orders that respondent pay it $511,324.44, being a debt owing pursuant to Building and Construction Industry Payments Act 1994 (Qld) – where by letter to applicant headed “Without Prejudice” respondent’s solicitor disputed amount claimed and offered to pay lesser amount – whether respondent’s solicitor’s letter a “payment schedule” within the meaning of...
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  • 12th January 2010
    National Vegetation Management Solutions P/L v Shekar Plant Hire P/L [2010] QSC 3
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of entitlement to and recovery of Progress Payments – where respondent was awarded a contract by Powerlink Queensland to carry out land clearing for a power transmission line – where respondent engaged applicant to carry out part of its contract – where applicant submitted invoice to respondent claiming $511,324.44 – where applicant seeks orders that respondent pay it $511,324.44, being a debt owing pursuant to Building and Construction Industry Payments Act 1994 (Qld) – where by letter to applicant headed “Without Prejudice” respondent’s solicitor disputed amount claimed and offered to pay lesser amount – whether respondent’s solicitor’s letter a “payment schedule” within the meaning...
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  • 18th December 2009
    Body Corporate San Miguel Community Titles Sceme 12076 v Wilcox & Ors [2009] QDC 400
    Body Corporate Community Title Schemes- Where plaintiff Body Corporate abridged time for holding general meeting to accept quote for urgent repairs to common property; where defendants allege that the abridgment was not fair and reasonable; where defendants fully pursued rights to challenge the decision under the Body Corporate and Community Management Act 1997 including an appeal to the District Court which was not pursued; whether decisions of Adjudicators under the Act with dismissal of appeal gives rise to an issue estoppel and/or res judicata; where defendants are not legally represented at trial but were so for appeal and filing of defence; whether meeting was lawfully held and special levy imposed for repairs valid.
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  • 4th December 2009
    B J and S Paterson Pty Ltd (t/a Cooloola Civil Constructions) v Eleventh Trail Pty Ltd [2009] QDC 380
    Building and Construction – Payment Claim - Building and Construction Industry Payments Act 2004 - Adjudicator's determination - Adjudication certificate and judgement; whether claim upon which the adjudicator’s decision is based was void; whether judgment and enforcement warrant should be permanently stayed. Legislation:Building and Construction Industry Payments Act 2004 (Qld)
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  • 27th November 2009
    Neumann Contractors P/L v Peet Beachton Syndicate Limited (No 2) [2009] QSC 383
    Procedure – Costs – Departing from the general rule – Other Cases – Failure in portion of a case – where the applicant’s application for judgment against the respondent was dismissed – where there were two issues to be determined in the proceedings: whether a payment claim complied with s 17 Building and Construction Industry Payments Act 2004 (Qld) and whether the applicant, through its employee, had engaged in misleading and deceptive conduct – where the respondent was successful on the first issue but failed to discharge its onus of proof on the second issue – where the applicant contends for a costs order pursuant to r 684 of the Uniform Civil Procedure Rules 1999 (Qld) – whether costs should follow the event.....
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  • 20th November 2009
    Neumann Contractors P/L v Peet Beachton Syndicate Limited [2009] QSC 376
    Contracts – Building, Engineering and related Contracts – Remuneration – Recovery – where the applicant entered into a construction contract with the respondent – where the applicant made a payment claim against the respondent – where the applicant applies for judgment against the respondent pursuant to s 19(2)(a)(i) of the Building and Construction Industry Payments Act 2004 (Qld) – whether the payment claim was valid under the Building and Construction Industry Payments Act 2004 (Qld)
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  • 4th November 2009
    Reed Constructions (Qld) Pty Ltd v Martinek Holdings Pty Ltd [2009] QSC 345
    Contract – Building, Engineering and related Contract – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where the applicant served on the respondent a payment claim pursuant to s 17 of the Building and Construction Payments Act 2004 (Qld) – where the respondent did not file a payment schedule within 10 days of receiving the payment claim – where applicant claimed in those circumstances the respondent became liable to pay the amount claimed –whether payment claim served on the correct date – whether the claim served was a final payment claim
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  • 27th October 2009
    Martinek Holdings Pty Ltd v. Reed Construction (Qld) Pty Ltd [2009] QCA 329
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where adjudication decision made in favour of the respondent under Building and Construction Industry Payments Act 2004 (Qld) ("the Act"), obliging the appellant to pay the respondent $919,634.91 with respect to its claimed progress payment – where adjudication decision converted into adjudication certificate and judgment of the Supreme Court under the Act – where superintendent under the contract between the parties issued its final certificate, obliging the appellant to pay the respondent $72,027.27 with respect to its claimed progress payment – where the respondent served notice of dispute under contract with respect to superintendent's final certificate – whether the adjudication certificate...
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  • 8th October 2009
    Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QSC 328
    Contracts – Building, Engineering and related Contracts – Other matters – whether the respondent should be restrained from seeking an adjudication certificate and filing a judgment in court pursuant to ss 30 and 31 of the Building and Construction Industry Payments Act 2001 (Qld)
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  • 25th September 2009
    Surfabear Pty Ltd v GJ Drainage & Concrete Construction Pty Ltd [2009] QSC 308
    Building and Engineering Contracts – Adjudication – Contract – Where respondent undertook construction work – Where negotiation for work made with home owners – Where respondent demands payment for construction work – Where owners deny liability for payment – Where respondent serves payment claim on applicant builder – Where applicant denies existence of construction contract with respondent – Where matter referred to adjudicator under BCIPA – Where jurisdiction of adjudicator challenged by applicant – Where adjudicator’s decision in favour of respondent – Where applicant challenges adjudicator’s decision – Whether the adjudicator had jurisdiction to adjudicate – Whether questions should be determined at trial.
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  • 10th September 2009
    Park Avenue Pty Ltd v Sullivan [2009] QDC 292
    Building Contracts – where identical purported payment claims served – where date on second purported payment claim different from first – where both purported payment claims for same reference date – where respondent did not respond to either purported payment claim – application for judgment
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  • 4th September 2009
    Reed Construction (Q) Pty Ltd v Dellsun Pty Ltd [2009] QSC 263
    Corporations Law – Statutory Demand – Setting Aside – Where respondent entered contract with applicant for construction work – Where dispute over amount to be paid for work – Where respondent served applicant with various versions of a claim for payment, each for different amount – Where applicant asserted an offsetting claim for rectification of faulty workmanship by respondent – Where respondent served payment claim under BCIPA – Where applicant responded with payment schedule – Where dispute referred to adjudicator under BCIPA – Where decision issued in favour of respondent – Where respondent issued statutory demand for adjudication amount - Where inconsistencies among statements of the respondent – Where applicant seeks set aside of statutory demand – Whether there is a genuine dispute concerning the alleged...
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  • 4th September 2009
    Northside Projects Pty Ltd v Trad & Anor [2009] QSC 264
    Building & Engineering Contracts – Adjudication – Where the first respondent issued two identical payment claims with the same reference date – Where the applicant issued payment schedules in respect of both payment claims – Where the second identical claim was referred to an adjudicator - Where the applicant challenged the validity of the payment claim – Where the adjudicator held the payment claim was valid – Whether the second identical payment claim was valid for the purposes of the Building and Construction Industry Payments Act 2004 (Qld) — Authorities and principles discussed – Whether the adjudicator erred in interpreting cases – Whether adjudicator had jurisdiction to determine dispute.
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  • 3rd September 2009
    Vadaxz v Bloomer Constructions (Qld) Pty Ltd [2009] QSC 261
    Contract — Building & Construction — where plaintiff has recovered adjudication determination and judgment against defendant — where plaintiff is indebted to subcontractors and does not fully reveal his financial circumstances — where defendant asserts cross-claim for damages and defective works — defendant seeks stay and retention of money paid into Court by it — whether refusal of stay will cause irreparable prejudice.
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  • 27th August 2009
    MC Projects Pty Ltd v Nigel Farah (t/a The Tiling Crew) v Graydone Kline and Anor [2009] QDC 288
    Uniform Civil Procedure Rules – Building & Construction Industry Payments Act –Where an enforcement warrant was issued authorising redirection of specified debts certainly payable -Where enforcement creditor performed work under sub-contract with the enforcement debtor pursuant to enforcement debtor’s contract with the third persons - Where no debt was certainly payable by the third persons to the enforcement debtor – whether a claim or allegation of money owing is sufficient to establish a debt - whether there was a debt certainly payable by the third persons to the enforcement debtor that could be redirected.
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  • 27th August 2009
    Securcorp Ltd v Civil Mining & Construction Pty Ltd [2009] QSC 249
    Contracts – Building, Engineering and related Contracts – Other matters – where the Building and Construction Industry Payments Act 2004 (Qld) sets out a regime for making a payment claim under a construction contract – where the respondent undertook not to serve any further payment claim – where the applicant seeks a declaration that it is not liable to pay the respondent for building work – where there is extensive evidence on behalf of the applicant that there is no basis for a claim by the respondent – where the lack of evidence to the contrary is due to the respondent’s being directed to file material only in the event that the adjudicator ruled in its favour, which did not occur – whether it should be declared that the applicant is not liable to pay the respondent for building work undertaken
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  • 20th August 2009
    Baxbex Pty Ltd v Bickle (No2) [2009] QSC 270
    Procedure – Costs – Departing from the general rule – Order for costs on an indemnity basis – where respondent sought costs of and incidental to the originating application to be assessed on the indemnity basis – where applicant did not oppose an order for costs being made on the standard basis but not an indemnity basis – where the applicant on this application had not acted “irresponsibly” in persisting with this application – where the applicant’s solicitor’s request that the respondent’s solicitor articulate the alleged non-compliance was not responded to – whether it was an appropriate case to depart from the usual order concerning costs
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  • 11th August 2009
    All Type Developments Pty Ltd v Hickey [2009] QSC 224
    Corporating – Winding Up – Winding up in insolvency – Statutory Demand – Application to set aside demand – genuine dispute as to indebtedness – Offsetting and other like claims – Generally – where the applicant entered into a building contract with the respondent builder – where the respondent served a payment claim on the applicant and subsequently obtained an adjudication decision for payment of the claim – where the adjudication decision amount was registered as a judgment debt and partially satisfied – where the respondent served a creditor’s statutory demand on the applicant for the unsatisfied judgment debt amount – where the applicant applies to set aside the statutory demand on the basis that it has an offsetting claim – whether the statutory demand should be set aside pursuant to s 459H of the...
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  • 7th August 2009
    Bloomer Constructions (Qld) Pty Ltd v O'Sullivan & Anor [2009] QSC 220
    Administrative Law – Judicial Review – Reviewable Decisions and Conduct – Decisions to which Judicial Review Legislation applies – Excluded Decisions – Other Decisions – where the applicant entered into a contract with the second respondent for building and construction services – where the second respondent issued a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) – where the first respondent adjudicator was appointed under the Building and Construction Industry Payments Act and adjudicated in favour of the second respondent – where the applicant applies for a prerogative order under Part 5 Judicial Review Act 1991 (Qld) to quash the adjudication decision – where under an amendment by the Justice and Other Legislation Amendment Act 2007, Part 3 Division 2 Building and Construction...
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  • 31st July 2009
    John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors [2009] QSC 205
    Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Existence of obligation – particular cases – where an adjudication of a payment claim under the Building and Construction Payments Act 2004 (Qld) – where the adjudicator made the decision on the basis of an appellate authority which was not referred to by either party – where the parties were not afforded the opportunity to address the adjudicator’s view that the authority overruled another authority upon which a party placed particular reliance – whether there was a substantial denial of natural justice.
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  • 28th July 2009
    Baxbex Pty Ltd v Bickle [2009] QSC 194
    Contract - Building, Engineering and related contract – Remuneration – Statutory Regulation OF Entitlement to and recovery of Progress Payments – where the applicant served on the respondent a payment claim pursuant to s17 of the Building and Construction Payments Act 2004 – where the respondent did not file a payment schedule within 10 days of receiving the payment claim or at all – where applicant claimed in those circumstances the respondent became liable to pay the amount claimed – whether there was a valid payment claim – whether part of the payment claim was not for construction work or for related goods or services.
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  • 20th July 2009
    Queensland Bulk Water Supply Authority v McDonald Keen Grp Pty Ltd & Anor [2009] QSC 165
    Contracts – Building, Engineering and Related Contracts – Other Matters – Where construction contract to undertake rock excavation – Where the Second Respondent made an adjudication decision on a claim under the Building & Construction Industry Payments Act 2004 (Qld) (Payments Act) – Where the Applicant has applied for a declaration that the adjudicator’s decision is void on the basis that there was no evidence on which the adjudicator could determine the amount of the claim – Whether the adjudicator failed to comply with the statutory provisions of the Payments Act – Whether the adjudicator failed to accord natural justice in the decision making process –– Whether the adjudicator erred in taking into account a Facsimile in forming part of the decision about the contract.
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  • 2nd June 2009
    Uniting Church in Australia Property Trust (Qld) v Davenport & Anor [2009] QSC 134
    Contracts – Building, Engineering and related Contracts – Remuneration – Amount – where the applicant entered into two contracts with the second respondent builder for certain building and construction works – where the second respondent made payment claims under each contract – where adjudicator appointed under the Building and Construction Industry Payments Act 2004 to decide the amount of each of the progress payments under the payment claims – where the second respondent requested the adjudicator revise its decision – where adjudicator acceded to the second respondent’s request – whether adjudicator should be restrained from making a correction to his decision – whether the adjudicator’s original decisions contained errors arising from an accidental slip or omission – whether the adjudicator’s original...
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  • 13th May 2009
    Zen Ridgeway Pty Ltd v Adams & Anor [2009] QSC 117
    Real Property – Torrens Title – Caveats against delaings – Removal – where applicant is the registered owner as trustee of land – where respondent lodged a caveat over the land – where applicant seeks removal of caveat – whether there is a serious question to be tried as to whether respondent has a caveatable interest in the land Equity – Trusts and Trustees – Powers, Duties, Rights and Liabilitles of Trustees – Indemnity, Lien and Rrimbursment – General Pinciples – where applicant is registered owner as trustee of land – where judgment awarded against applicant for liability incurred as trustee – nature of applicant’s right of indemnity out of trust assets – whether respondent creditor may be subrogated to the applicant trustee’s right of exoneration or lien
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  • 1st May 2009
    Nebmas Pty Ltd v Sub Divide Pty Ltd & Ors [2009] QSC 92
    Contracts – Building, Engineering and related Contracts – The Contract – Construction of Particular Contracts and Implied Condititions - Settlement of Disputes – where a condition in the Tender Document is inconsistent with a condition in the general contract – whether condition in the Tender Document prevails Statutes – Acts of Parliament  - Interpretation – Permissive, Directory and Mandatory Powers – where s 21(2) of the Building and Construction Industry Payments Act 2004(Qld) states that an adjudication application “can not be made” unless the claimant gives the respondent a notice within a specified time – whether notice outside of time renders adjudication void - Building and Construction Industry Payments Act 2004 (Qld), s 21(2) - Building and Construction...
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  • 17th April 2009
    J Hutchinson Pty Ltd v Thunder Investments Pty Ltd [2009] QDC 90
    Contracts – Building, Engineering and related Contracts – Statutory Regulation of Entitlement to and recovery of Progress Payments – whether applicant had an entitlement to make a progress claim under s 12 of the Building and Construction Industry Payments Act 2004(Qld) – whether applicant made a valid payment claim under the Act – whether applicant estopped from relying upon and asserting rights under the Act
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  • 19th March 2009
    Readiplumb Services Pty Ltd v MKM Constructions (Aust) Pty Ltd [2009] QDC 67
    Building and Construction Industry Payments Act – entitlement to progress payments – where payment claims were not served by the applicant on the respondent – or directed to the respondent in accordance with the Act – application for judgment dismissed.
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  • 10th March 2009
    Skinner v Timms & Anor [2009] QSC 46
    Contracts – Building, Engineering and related Contracts – Remuneration – Recovery – where applicant is a builder who undertook construction of a house – where first respondent was applicant’s painting subcontractor – where first respondent issued a tax invoice in the amount of $13,550.31 to applicant – where applicant did not pay and first respondent sought an adjudication under the Building and Construction Industry Payments Act 2004 (Qld) – where second respondent was the adjudicator and made an adjudication decision in first respondent’s favour – where applicant challenges the validity of the adjudication decision – whether adjudicator had jurisdiction to make the decision – whether declaratory relief under s 128 of the Supreme Court Act 1995 (Qld) should be granted Building and Construction Industry Payments...
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  • 6th March 2009
    Tailored Projects Pty Ltd v Jedfire Pty Ltd [2009] QSC 32
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Payment Claim – Validity– Service of multiple payment claims in relation to one Reference Date – Whether contract requires a time for service of a payment schedule different from the 10 business days allowed statutorily – Whether estoppel by convention varying time required for service of notice under contract or statutory payment schedule – Whether unconscionable to insist on 5 day period under contract – Whether a fixed price contract or one containing provisional sums or prime cost items - Trade Practices Act 1974 (Cth) s. 87 - Building and Construction Industry Payments Act 2004, s. 10 s.18, s.17(4) and (5), s.14(4), s.18(4), s. 100 -  Abigroup Contractors...
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  • 20th February 2009
    Ainsworth v R J Neller Building Pty Ltd & Anor [2009] QDC 26
    Stay of Execution – Whether appropriate case – Where previous applications refused – whether changed circumstances justify stay Costs – Indemnity - Whether appropriate case - Building and Construction Industry Payments Act 2004 (Qld) - Uniform Civil Procedure Rules 1999 (Qld), r 800 - R J Neller Building P/L v Ainsworth [2008] QCA 397
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  • 8th January 2009
    Austruct Qld Pty Ltd v Independant Pub Group Pty Ltd [2009] QSC 1
    Building, Engineering and related Contracts - statutory right of debt recovery under s 19 Building and Construction Industry payments Act 2004 (Qld) – where no payment schedule delivered – whether s 19(4)(b)(ii) prevents the respondent arguing that part of claim outside the scope of the contract - PRACTICE AND PROCEDURE – whether a breach of s 52 of Trade Practices Act 1974 (Cth) can be relied on to resist summary judgment despite s 19(4)(b)(ii) of the Building and Construction Industry Payments Act 2004 (Qld) - Building and Construction Industry Payments Act 2004 (Qld), s 12, s 18, s 19, - Queensland Building Services Authority Act 1991, s 42 - Trade Practices Act 1974 (Cth), s 52, s 87 - Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2006] NSWCA 238; 67 NSWLR 9 - Brodyn Pty Ltd t/a Time Cost and Quality v Davenport [2004] NSW...
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  • 18th December 2008
    Construct Assist Pty Ltd v PDMS Group Pty Ltd [2008] QDC 303
    Summary Judgment – claim under a “construction contract” – Building and Construction Industry Payments Act 2004 – payment claim served by claimant by pre-paid post to respondent’s principal place of business – no payment schedule served by respondent in reply – whether respondent entitled to resist summary judgment application -Uniform Civil Procedure Rules 1999 rr 292, 293 - Building and Construction Industry Payments Act 2004 ss 3, 7, 12, 17, 18, 19, 100 -Brodyn Pty Ltd t/as Time Cost and Quality v Davenport and Anor [2004] NSWCA 394 -  Deputy Commissioner of Taxation v Salcedo [2005] QCA 227 - Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liq) [2005] NSWCA 409 -Swain v Hillman [2001] 1 All ER 91 -
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  • 9th December 2008
    R J Neller Building P/L v Ainsworth [2008] QCA 397
    APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – WHEN REFUSED – where the respondent was successful in an adjudication of its claim for payment from the applicant for work performed under a construction contract – where the respondent obtained an enforcement warrant against property owned by the applicant based upon the adjudication certificate – where the applicant commenced proceedings against the respondent seeking an order that the adjudication be set aside and damages for breach of contract – where the applicant applied to have the enforcement warrant set aside – where the applicant applied for a stay of the enforcement warrant – whether the learned primary judge erred in dismissing the applications – whether this Court may order a stay of the enforcement warrant pursuant to r...
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  • 3rd November 2008
    Ainsworth v RJ Neller Building Pty Ltd & Anor [2008] QDC 272
    Uniform Civil Procedure rules r 5, r 165, r 171,r 280, r 483 re Building and Construction Industry Payments Act 2004 s 3 - separate determination that plaintiff a "resident owner" for purposes of the Act (being upon defendant builder's entitlement to bring a payment claim before an adjudicator) - argument that a person ordinarily resident elsewhere could not qualify rejected - plaintiff's claims for declaration that nothing owed to builder (notwithstanding adjudicator's unsatisfied awards in its favour) and for damages for alleged deficiencies in the work sought to be struck out or permanently stayed - grounds for defendant's application included that plaintiff's expert report foreshadowed in the pleading identifying unsatisfactory work as other particulars of it, were not forthcoming, plaintiff had "gutted" the premises so that while his experts had had access to them to examine the work,...
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  • 3rd October 2008
    Walton Construction (Qld) Pty Ltd v Salce & Ors [2008] QSC 235
    CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY – Validity of a decision of an adjudicator – Claim that the adjudicator lacked jurisdiction CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – GENERALLY – Whether a “construction contract” was formed in the circumstances – Where there was already a contract for the provision of the same services at the site with another company – Whether the “agreement” amounted to a “construction contract” or a guarantee for the obligations of that other company
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  • 21st August 2008
    J Hutchinson Pty Ltd v Galform Pty Ltd & Ors [2008] QSC 205
    PROCEDURE – PROCEDURAL MATTERS – whether the second payment claim, adjudication application and adjudication were an abuse of process Legislation - Building and Construction Industry Payments Act 2004, s9, s19 - Judicial Review Act 1991 - Supreme Court Act 1995, s48 - Supreme Court Regulations 1998, s4
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  • 14th August 2008
    Ainsworth v RJ Neller Building Pty Ltd & Martin [2008] QDC 199
    CATCHWORDS: Building and Construction Industry Payments Act 2004 s 3, s 18, s 24, s 100 - Uniform Civil Procedure Rules r 483 - separate determination (in building dispute with claim and counterclaim) of issue whether plaintiff was (as he asserted) "resident owner" so as to deny jurisdiction to an adjudicator under the Act
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  • 1st August 2008
    Bezzina Developers P/L v Deemah Stone (Qld) P/L & Ors [2008] QCA 213
    ARBITRATION – CONDUCT OF THE ARBITRATION PROCEEDINGS – POWERS, DUTIES AND DISCRETION OF THE ARBITRATOR – GENERALLY – where the first respondent contended that the second respondent (an adjudicator) had erred in law by failing to make a bona fide attempt to value the work in a progress claim submitted to him – where s 26 of the Building and Construction Industry Payments Act 2004 (Qld) required the second respondent to decide and not to inquire when making an adjudication decision – where subsections (c) and (d) of s 26(2) required the second respondent to consider the payment claim and submissions as well as any payment schedules and any submissions in support of it in adjudicating the dispute – where the second respondent’s reasons for the adjudication decision referred to the relevant background matters, parts of the payment schedule, the...
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  • 25th June 2008
    RJ Neller Building Pty Ltd v Ainsworth [2008] QDC 129
    BUILDING CONTRACTS – RESOLUTION OF DISPUTES – ADJUDICATION – where respondent to adjudication brought proceeding in District Court arising out of same contract as adjudication – where proceeding in District Court brought after adjudicators certificate served on respondent to adjudication but before adjudicators certificate filed in District Court – whether enforcement warrant issued upon judgment in District Court on filing of adjudication certificate should be stayed  - Building and Construction Industry Payments Act 2004 (Qld) s 31, s 100 -  Uniform Civil Procedure Rules r 667, r 791 -  Building and Construction Industry Security of Payment Act 1999 (NSW)    
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  • 17th June 2008
    Hitachi Ltd v O'Donnell Griffin Pty Ltd & Ors; O'Donnell Griffin Pty Ltd v Hitachi Ltd & Ors [2008] QSC 135
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – adjudication of progress payments under the Building and Construction Industry Payments Act 2004 (Payments Act) – where adjudication considered selected larger variation claims but not numerous small claims – where applicant/respondent sought an order that adjudication decision was void – whether having regard to legislative intent, s 26 Payments Act requires an adjudicator to examine each and every variation in a large claim – whether the adjudicator acted bona fides – whether the adjudicator observed procedural fairness
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  • 7th May 2008
    Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty Ltd [2008] QSC 128
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  • 14th April 2008
    Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty Ltd & Ors [2008] QSC 58
    CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – ADJUDICATION – payments – appeal from decision of an adjudicator – validity of a decision about entitlement to a progress payment – entitlement to progress payment where no extension of time was claimed CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS – entitlement to progress payments – entitlement to delay costs – where parties have modified the standard conditions of contract CONTRACTS - BUILDING ENGINEERING AND RELATED CONTRACTS – CONSTRUCTION OF PARTICULAR CONTRACTS – entitlement to extensions of time – power of Superintendent to grant extensions of time – effect of modification of the standard terms upon the powers of the Superintendent
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  • 11th April 2008
    Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor [2008] QCA 83
    APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the second respondent adjudicator made a decision under the Building and Construction Industry Payments Act 2004 (Qld) – where the primary judged dismissed the applicant’s application for a statutory order of review of the decision – where the underlying object of the Building and Construction Industry Payments Act 2004 (Qld) is to provide a mechanism for swift interim adjudications – where the court may dismiss an application for judicial review where it would be “inappropriate” to grant the application under s 48 Judicial Review Act 1991 (Qld) – whether the application for leave to appeal under s 13(b) Judicial Review Act 1991 (Qld) should be dismissed
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  • 21st February 2008
    Altys Multi-Services Pty Ltd v Grandview Modular Building Systems Pty Ltd [2008] QSC 26
    JUDICIAL REVIEW OF ADJUDICATION UNDER BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004; DISADVANTAGES IN REVIEW PROCEDURE; PREFERABILITY OF CURIAL LITIGATION Building and Construction Industry Payments Act 2004, ss 10, 17, 18, 100 - Queensland Building Services Authority Act 1991, s. 42 - Judicial Review Act 1991, ss 10, 13 - Intero Hospitality Projects Pty Ltd v Empire Interior Pty Ltd [2007) QSC 220 - Roadtek, Department of Main Roads v Davenport & Ors [2006] QSC 47 - Shell Refining (Australia) Pty Ltd v AJ Mayr Engineering [2006] NSWSC 94 at para [27] - Lucas Stuart Pty Ltd v Council of the City of Sydney [2005] NSWSC 840 at para [13]. - Brodyn Pty Ltd v Davenport [2003] NSWSC 1019 - Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333
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  • 16th January 2008
    Marshall, B v Stimson, S t/a SAS Roofing [2008] CCBT 241-06
    Building dispute – defective roofing works – non-payment of contract price – effect of adjudicator’s decision pursuant to the Building and Construction Industry Payments Act 2004
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  • 14th November 2007
    Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd & Ors [2007] QSC 333
    CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS – ADJUDICATION - where the first respondent sent the applicant an invoice for building work completed – where the applicant sent an email to the first respondent refusing to accept the invoice and suggesting the parties meet to discuss the claim and amount payable – where in response the first respondent applied under s21 of the Building and Construction Industry Payments Act 2004 (Qld) for an adjudication of the dispute – where the second respondent was appointed as adjudicator – where the applicant argued that the appointment was precluded on the grounds that the applicant had issued a payment schedule to the first respondent as defined under the Act – whether the applicant’s email constituted a payment schedule under s18 of the Act – whether the second respondent should have granted...
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  • 22nd October 2007
    Greg Beer T/A G&L Beer Covervreteing v JM Kelly (Project Builders) Pty Ltd [2007] QDC 242
    Construction of “licence of the appropriate class” in s 42 of the Queensland Building Services Authority Act 1991 – whether read subject to restrictive conditions - Building and Construction Industry Payments Act 2004 Uniform Civil Procedure Rules 1999 - Cant Contracting Pty Ltd v Con Casella & Anor [2006] QCA 538 referred to - CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384, applied.
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  • 8th October 2007
    Bezzina Developers P/L v Deemah Stone (Qld) P/L [2007] QSC 286
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – application for judicial review of decision of adjudicator made under Building and Construction Industry Payments Act 2004 (Qld) - whether parties were parties to a construction contract – whether adjudicator had valued work done under the construction contract – where second adjudicator failed to take into account s. 27 of the Act and its effect on his obligation to value the work which was the subject of the payment claim before him by giving it the same value as that previously decided in an earlier adjudication application - because of failure to apply s. 27, refusal of relief under s. 100 not appropriate- necessary extension of time under s. 26 of the JR Act granted for the making of a statutory order of review.
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  • 23rd August 2007
    Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor [2007] QSC 220
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – EXISTENCE OF OTHER REVIEW OR APPEAL RIGHTS – where second respondent adjudicator made decision under Building and Construction Industry Payments Act 2004 – where applicant seeks review of second respondent’s decision under the Judicial Review Act 1991 – where Building and Construction Industry Payments Act 2004 provides for a speedy interim adjudication based on written information – where such adjudication does not affect any civil proceeding arising under a construction contract – whether provision is made, other than the Judicial Review Act 1991, under which the applicant is entitled to seek review of the matter by another Court – whether application should be dismissed
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  • 2nd August 2007
    Melco Engineering Pty Ltd v Eriez Magnetics Pty Ltd [2007] QSC 198
    PRACTICE AND PROCEDURE – CONTRACT – PLEADINGS – UCPR r.166 – where contractual dispute as to terms and performance of contract – where respondent alleges applicant has not complied with r.166 (4) UCPR – whether applicant is deemed to have admitted facts pursuant to r.166 (5) UCPR – whether applicant must re-plead facts to comply with r.166 (4) UCPR LEGISLATION: Building and Construction Industry Payments Act 2004(Qld), cited - Uniform Civil Procedure Rules 1999 (Qld), rr. 149, 150 (4) & 166 (4) & (5), discussed
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  • 10th July 2007
    Doolan & Anor v Rubikcon (Qld) Pty Ltd [2007] QSC 168
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  • 6th July 2007
    Peekhrst Pty Ltd v Wallace & Anor [2007] QSC 159
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – Generally where review sought of decision made by adjudicator under Building and Construction Industry Payment Act 2004 – Whether proper acceptance of appointment of the adjudicator – Whether adjudication application served – Whether adjudicator satisfied himself that there was service of the adjudication application – whether adjudicator biased
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  • 8th June 2007
    Development Dynamics (Queensland) Pty Ltd v Davies Projects Pty Ltd [2007] QDC 145
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  • 7th June 2007
    Wolbers v Day & Co Pty Ltd [2007] QDC 103
    PRACTICE – PRACTICE AND PROCEDURE – STRIKING OUT COUNTER-CLAIM – CLAIMS UNDER Building and Construction Industry Payments Act 2004 – defendant denying Act applies, and serving counterclaim – whether denial that Act applies negates its effect – whether counterclaim should be struck out - Building and Construction Industry Payments Act 2004, Part 3 Division 1  - Uniform Civil Procedure Rules, r 171
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  • 23rd April 2007
    Abel Point Marina (Whitsundays) Pty Ltd v O'Brien and Sea-Slip Marinas (Aust) Pty Ltd [2007] QSC 146
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  • 19th April 2007
    Abel Point Marina (Whitsundays) Pty Ltd v O'Brien & Anor [2007] QSC 91
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – application for judicial review of decision of adjudicator made under Building and Construction Industry Payments Act 2004 (Qld) – where contractor’s claim for costs of delay or disruption allowed by adjudicator – where claim made under clause of the building contract – where liability of principal for delay or disruption costs necessarily incurred by contractor by reason of the delay was expressed in the relevant clause as dependent on the grant of an extension of time for delay or disruption caused by the principal, the superintendent, or those under the control of the principal or the superintendent – where adjudicator construed the relevant clause in such a way that did not require a determination of what extensions of time for the principal’s delay should...
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  • 2nd March 2007
    Blackbird Energy Pty Ltd v Vanbeelen [2007] QCA 60
    CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where the respondent obtained interim judgment in the District Court under the Building and Construction Industry Payments Act 2004 (Qld) – where issues between parties subsequently resolved in a common law proceeding – where interim decision subject to appeal permanently stayed – whether appeal should proceed where issues on appeal purely hypothetical – whether appeal should proceed in relation to costs of interim judgment only Building and Construction Industry Payments Act 2004 (Qld), s 19, s 100
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  • 26th February 2007
    Impulse Electrical (Aust) Pty Ltd v Mother Natures Chermside Pty Ltd [2007] QDC 23
    Building and Construction Payments – Progress Claims – Payment Schedule – Reference Date Building and Construction Industry Payments Act 2004 (Qld), ss 7, 8, 12, 17 and Schedule 2. Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8(b), 13 - Brodyn Pty Limited v Davenport [2004] NSWCA 394 - Brookhollow Pty Ltd v R & R Consultants Pty Ltd and Anor. (No 2) [2006] NSWSC 200 - Cant Contracting Pty Ltd v Casella [2006] QCA 538 - Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232 - F.K.Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243 -Nepean Engineering Pty Ltd v Total Process Services (in liq) [2005] NSWCA 409 - Walter Construction Group Ltd v CPL (Surrey Hills) Pty Ltd [2003] NSWSC 266
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  • 13th February 2007
    Gemini Nominees Pty Ltd v Queensland Property Partners Ltd ATF The Keith Batt Family Trust [2007] QSC 20
    BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION –STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – where builder and owner entered into a written cost plus contract for renovation works to house property – where payment claim served by builder under Building and Construction Industry Payments Act 2004 (Qld) – where owner did not serve payment schedule – where no fair and reasonable estimate of total amount builder was likely to receive under the contract was given to owner pursuant to s 55 Domestic Building Contracts Act 2000 (Qld) – whether contract that is unenforceable under s 55(3) Domestic Building Contracts Act 2000 (Qld) is a contract to which Building and Construction Industry Payments Act 2004 (Qld) applies
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  • 17th January 2007
    Northside Roofing Pty Ltd v Pires Constructions Pty Ltd [2007] QDC 172
    Commercial and Consumer Tribunal - whether a "court of competent jurisdiction" - whether proceedings pursuant to s.19 (1) (a) of the Building and Construction Industry Payments Act 2004 are matters for the Tribunal or for a Court .
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  • 20th December 2006
    G W Enterprises Pty Ltd v Xentex Industries Pty Ltd & Ors [2006] QSC 399
    JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – whether the adjudicator failed in his duty to afford natural justice and acted without jurisdiction - JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the adjudicator’s decision is void or voidable due to an error of law
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  • 15th December 2006
    Vis Constructions Pty Ltd & Anor v Cockburn & Anor [2006] QSC 416
    ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXISTENCE OF OBLIGATION – GENERALLY – application to review adjudication decision under Building and Construction Industry Payments Act 2004 – whether decision is regulated by the rules of natural justice - ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – applicants seek to have set aside adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 – under the Act the adjudicator must have regard to the construction contract – adjudicator found that there was a construction contract between claimant and builder – builder under no obligation to perform work – whether a contract existed – whether adjudicator had jurisdiction to make decision -  ADMINISTRATIVE...
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  • 15th December 2006
    Cant Contracting P/L v Casella & Anor [2006] QCA 538
    BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT – IN GENERAL – where the respondent agreed to construct poultry sheds for the appellants – substantial work had been carried out before the Laidley Shire Council issued a stop work order – pursuant to the Building and Construction Industry Payment Act 2004 (Qld) the respondent sought progress payments by way of a payment claim – the appellants did not serve a corresponding payment schedule on the respondent – summary judgment was awarded against the appellants – where the appellants had filed a defence and counter-claim against summary judgment arguing that the respondent did not hold an appropriate licence at the time construction was carried out – whether the respondent was entitled to summary judgment, regardless of the fact that he may not...
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  • 31st October 2006
    State of Queensland v Epoca Constructions Pty Ltd & Anor [2006] QSC 324
    JUDICIAL REVIEW – REVIEW DECISIONS – decisions to which Judicial Review legislation applies – where the applicant sought judicial review of a decision by an adjudicator under the Building and Construction Industry Payments Act 2004(Qld) ("BCIPA")– whether judicial review under the Judicial Review Act 1991 (Qld) excluded – whether the adjudicator’s decision is of an administrative character so as to be reviewable under Part 3 of the Judicial Review Act 1991(Qld) - JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – whether the application for judicial review ought to be dismissed in the exercise of discretion under ss 12, 13, 30 or 48 of the Judicial Review Act  - JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR - OF LAW – whether the adjudicator erred in failing to observe the provisions of the BCIPA – whether...
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  • 11th October 2006
    Abel Point Marina (Whitsundays) Pty Ltd v Uher and Anor [2006] QSC 295
    JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY STATUTE – where the applicant sought review of a decision by an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) – where the adjudicator did not provide the applicant with the opportunity to provide further information – where the adjudicator was bound to follow procedures set out in the Act – whether rules of natural justice were breached JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the adjudicator committed an error of law - JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – whether there was sufficient evidence or other material to justify the adjudicator’s decision – whether the adjudicator made a decision in relation to a jurisdictional...
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  • 1st September 2006
    Cant Contracting P/L v Casella & Anor [2006] QSC 242
    BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT – IN GENERAL – statutory right of debt recovery under s 19 Building and Construction Industry Payments Act 2004 (Qld) – where no payment schedule delivered – unlicensed builder – whether statutory right of recovery is qualified by s 42 Queensland Building Services Authority Act 1991 (Qld) - Building and Construction Industry Payments Act 2004 (Qld), s 10, s 17, s 18, s 19 - Queensland Building Services Authority Act 1991 (Qld), s 42, s 43 - Brodyn Pty Ltd t/as Time Cost and Quality [2004] NSWCA 394, cited -  Lucas Stuart Pty Ltd v Council of the City of Sydney [2005] NSWSC 840, cited
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  • 1st September 2006
    F K Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243
    CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – Whether applicant is a person to whom s 17 of the Building and Construction Industry Payments Act (Qld) (2004) applies -  Building and Construction Industry Payments Act (Qld) (2004), s 7, s 8, s 10, s 12, s 17, s 18, s 19 Trade Practices Act 1974, s 52, s 87 -  Beckhaus v Brewarrina Council (2002) NSWSC 960 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266
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  • 23rd June 2006
    Henderickus Ruthergus Johonus Vanbeelen t/a H&K Concreting and Construction v Blackbird Energy Pty Ltd [2006] QDC 285
    BUILDING CONTRACTS – REMUNERATION - PROGRESS CLAIM – Building and Construction Industry Payments Act 2004 ss 17,18, 80 and 100 - Whether posting to a post office box was a posting to a place of business.
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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 -
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  • 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
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  • 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
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  • 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...
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  • 25th November 2005
    Pioneer Sugar Mills Pty Ltd v United Group Infrastructure Pty Ltd [2005] QSC 354
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  • 12th October 2005
    J J Mcdonald & Sons Engineering Pty Ltd v RICS Dispute Resolution Sevice Qld & Anor [2005] QSC 305
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