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1 Queensland Australia Adjudication Case Data Base by Date Construction Adjudication Cases pursuant to the Building and Construction Industry Payments Act 2004 listed in reverse date order starting with the most recent. Last updated 4th August 2008.

2 Building & Construction Industry Payment Agency Published Adjudication Decisions : Queensland Government.

3 ADRS Alternative Dispute Resolution Services P/L : Large range of information on adjudication, case links and links to statutory provisions.

4 Building & Construction Industry Payments Agency Adjudication Registry System

Abel Point Marina (Whitsunday P/L v O Brien [2007] QSC 146 Direction to the parties that any application for a replacement adjudicator be accompanied by a request for the appointment of a different adjudicator to avoid any challenges on grounds of bias. HHJ Mullins. Supreme Court of Queensland Civil Jurisdiction. Brisbane. 23rd April 2007:

Abel Point Marina (Whitsunday P/L v O?Brien [2007] QSC 91 Application for judicial review of decision of adjudicator made under BCISPA 2004 ? where contractor?s claim for costs of delay or disruption allowed by adjudicator. Mullins J : 19th April 2007.

Abel Point Marina (Whitsundays) P/L v Thomas Uher [2006] QSC 295 BCISPA application for JR. where adjudicator did not provide an opportunity to provide further information ? whether adjudicator bound to follow procedures set out in the Act ? whetherer a breach of natural justice / error of law ? whether sufficient evidence or other material to justify adjudicator?s decision ? whether the adjudicator made a decision in relation to a jurisdictional fact. Supreme Court, Brisbane. Wilson J. 11th October 2006.

Ainsworth v RJ Neller Building P/L [2008] QDC 272 Uniform Civil Procedure rules r 5, r 165, r 171, r 280, r 483 re BCISPA 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, there was now nothing for the defendant\'s expert to see - plaintiff refused to allow defendant\'s people access to premises within 7 day period nominated in court\'s order, although offering access two days later. Judge Robin. Brisbane. 3rd November 2008

Altys Multi-Services Pty Ltd v Grandview Modular Building Systems P/L [2008] QSC 026 Judicial review of adjudication under BCISPA 2004; Disadvantages in review procedure ; preferability of curial litigation. Skoien AJ. 22nd February 2008

Auscoast Builders P/L v Mark Jason Smith t/as Mainline Tiling & Paving Contractors [2007] QCCTB 94 Claim for refund of money - paid under compulsion of adjudication under BCISPA 2004 – no express agreement about rate of charge – reasonable fee implied – interest and costs. Mr D P Morzone Commercial and Consumer Tribunal Brisbane 23rd July 2007

Bezzina Developers P/L v Deemah Stone (Qld) P/L [2008] QCA 213 where s 27 of the Building and Construction Industry Payments Act 2004 (Qld) requires that where a subsequent adjudication occurs in which work is valued that was valued in a previous adjudication, the adjudicator must use the same value unless the claimant or respondent satisfies the adjudicator concerned that the value of the work has changed since the previous decision – where neither the appellant or the first respondent informed the second respondent that the third respondent had valued work the subject of the second respondent’s adjudication – whether in the context of the statute as a whole, the adjudicator is obliged to take into account an earlier adjudication only where the adjudicator is informed of the earlier adjudication decision. Brisbane. McMurdo P Keane JA Fraser JA 1st August 2008

Bezzina Developers P/L v Deemah Stone (Qld) P/L [2007] QSC 286 application for judicial review of decision of adjudicator made under BCISPA 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. Douglas J. 8th October 2007

Blackbird Energy P/L v Vanbeelen [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. Judge Brabazon QC. District Court of Queensland, Brisbane. 23rd June 2006.

Blackbird Energy P/L v. Vanbeelen [2007] QCA 060 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. Williams and Keane JJA and Helman J. Court of Appeal. Supreme Court of Queensland. Brisbane. 2nd March 2007

BMD Major Projects P/L v Wagstaff Piling P/L & Karyn Reardon [2005] QSC Jurisdiction on jurisdiction : Application for declaration that there was no contract between the parties and that the payment claim was invalid. Whilst accepting that the applicant had a strong case, it was for the adjudicator to determine these issues. If unhappy with the outcome further litigation is permitted. QSC, Brisbane. Phillipides J. 7th June 2005.

Brehmer Bricklaying P/L v Ampcorp P/L [2007] QDC 092 Jurisdiction : Claim for outstanding sums in respect of supply of goods and bricklaying services. Held : Joint jurisdiction between majistrates court and Tribunal. McGill DCJ. 25th May 2007.

Cant Contracting P/L v Casella [2006] QCA 538 Council issued a stop work order ? pursuant to the BCISPA 2004 (Qld): respondent sought progress payments by way of a payment claim ? appellants did not serve a corresponding payment schedule on the respondent ? summary judgment was awarded against the appellants ? If respondent did not hold an appropriate licence at the time construction was carried out ? was summary judgement enforceable? Williams and Jerrard JJA and Philip McMurdo J. 15th December 2006.

Cant Contracting P/L v. Con & Michelle Lyndsay Casella [2006] QSC 242 Building, engineering & related contracts ? Remuneration ? recovery on quantum meruit : General statutory right of debt recovery under s 19 BCISPA 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. His Honour de Jersey CJ Supreme Court Queensland at Brisbane, 1st September 2006

Cavanah v Advance Earthmoving ; Haulage P/L [2008] FMCA 427) Bankruptcy notice – set aside – judgment upon which the notice was founded was not a final judgment – counter-claim – set-off or cross-demand. Burnett FM. Brisbane. 18th April 2008

CBQ P/L v Russell Welsh & Ian Hammett Electrical P/L [2006] QSC 235 Administrative Law ? Statutory Review : Where applicant sought a review of adjudication of the BCIPA 2004 (Qld) ? where contract concluded before 1st October 2004 ? where written contract after 1st October 2004. Cullinane J. Supreme Court of Queensland at Townsville. 19th June 2006.

Chowhan, S.R. v Coral Homes P/L [2006] QCCTB 111 Outstanding balance on contract price. Application to recover the balance of a contract price relating to the construction of a domestic dwelling. Mr A.J.Moon. Commercial Consumer Tribunal Queensland . 30th June 2006

Construct Assist P/L v PDMS Group P/L [2008] QDC 303 Claim under a “construction contract” – BCIPA 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. Tutt DCJ 18th December 2008.

Covecorp Constructions P/L v Indigo Projects P/L [2007] QSC 262 Construction claim : where defendant/applicant sought security for costs – where order
for security for costs previously made – where effective delayin making application – whether application amounted to an application to vary a previous order – whether UCPR 675 satisfied – whether counterclaims have effect on quantum
ordered for security – whether order should be made. Martin J; 19th September 2007

Daysea P/L v Watpac Australia P/L [2001] QCA 49 Construction of contract - implied conditions ? progress claim - where principal's representative issued payment certificate after the specified 14 day period but within 28 days - whether appellant liable to pay balance in accordance with payment certificate - construction of clause 42.1 of AS 4300-1995 - a payment certificate issued outside the 14 day period is a nullity. Court of Appeal : Supreme Court of Queensland before Davies JA, Williams JA, Mackenzie J : 23rd February 2001.

Development Dynamics (Queensland) v Davies Projects P/L [2007] QDC 145 Enforcement : Court held that the applicant had no right to submit a payment claim - so despite the failure of the employer to issue a payment schedule the decision was not enforceable. Rackemann J. 8th June 2007.

Doolan v Rubikcon (Qld) P/L [2007] QSC 168 Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Adjudicator ordered payment of money claimed in two identical claims – Identical
claims not allowed under act – No jurisdiction to decide claims – Order invalid. Fryberg J. 10th July 2007

Ed Ahern Plumbing (Gold Coast) P/L v J M Kelly (Project Builders) P/L : Toga Development No31 P/L [2007] QSC 99 Where notice of claim of charge :- referred to annexed statement of account showing calculation of the amount claimed by the subcontractor : served without annexed statement of account : as served was the notice to be considered for the purpose of determining whether the notice was valid : lacked particulars of the amount claimed : Where money sought to be charged by subcontractor and amount of subcontractor's claim ascertainable with reasonable certainty from notice of claim of charge without annexure : Where validity of notice of claim of charge not affected by want of form-: Where proceeding not commenced within statutory time period - where charge extinguished. Mullins J. 3rd May 2007

F K Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243 Contracts : Building, engineering & related contracts : Other matters :- Whether applicant is a person to whom s 17 of the BCIPA (Qld) (2004) applies. Lyons J. Supreme Court of Queensland. Brisbane. 1st September 2006.

G W Enterprises P/L v Xentex Industries P/L [2006] QSC 399 J.R. Jurisdictional Matters ? whether the adjudicator failed in his duty to afford natural justice and acted without jurisdiction. Error of Law ? whether the adjudicator?s decision is void or voidable due to an error of law. Lyons J. Brisbane. 20th December 2006

Gemini Nominees P/L v Queensland Property Partners P/L The Keith Batt Family Trust [2007] QSC 20 Builder & owner entered into a written cost plus contract for renovation works to house property ?payment claim served by builder under BCISPA 2004 ? where owner did not serve payment schedule ? no fair and reasonable estimate of total amount builder was likely to receive under the contract given to owner pursuant to s 55 DBCA 2000 ? whether contract unenforceable under s 55(3) DBCA 2000 (Qld) is a contract to which BCISPA 2004 (Qld) applies. Mullins J. 13th February 2007.

Greg Beer t/a G & L Beer Covercreting v J M Kelly (Project Builders) P/L [2008] QCA 35 Interpretation : where the appellant carried out works for the respondent under a licence class “Painting and Decorating” –where a condition restricted the licence to “residential spray on painting” – construction of s 42(1) Queensland Building Services Authority Act 1991 (Qld) – whether “licence of the appropriate class” can be read subject to any work-restrictive condition on a licence – limitations of the power of the court when construing a statute, to interfere with the language chosen by the legislature. whether s 30(3) Queensland Building Services Authority Act 1991 (Qld) authorised the creation of a class of licence of “painting and decorating restricted to residential spray on painting” – whether, alternatively s 29 of Sch 1 of Mutual Recognition (Queensland) Act 1992 allowed the creation of the specific class of “painting and decorating restricted to residential spray on painting.” Holmes and Muir JJA and Mackenzie AJA. 29th February 2008

Greg Beer t/a G & L Beer Covercreting v J M Kelly (Project Builders) P/L [2008] QCA 82 Costs : Where the respondent opposes the costs orders proposed in the reasons - where the respondent sought to uphold orders of the primary judge which were found to be erroneous - whether costs of the appeal should be costs in the cause or should be reserved pending the outcome of District Court proceedings - where grounds in the notice of contention were left undecided - where the grounds will be determined in the District Court - whether there should be an order as to costs at first instance. Holmes and Muir JJA and Mackenzie AJA. 11th April 2008

Greg Beer T/A G & L Beer Covercreting v JM Kelly (Project Builders) Pty Ltd [2007] QDC 242 DCJ Licence - construction: BCISPA 2004 : Construction of “licence of the appropriate class” in s 42 of the Queensland Building Services Authority Act 1991 – whether read subject to restrictive conditions. Martin SC. 22nd October 2007

Greg Kern & Co P/L - ATF The Tiffany Trust v Building & Civil Contractors P/L [2007] QDC 059 Tribunal decision - construction dispute : Appeal on point of law for asserted failure to consider application for security. Judge Brabazon QC. District Court of Queensland. Brisbane. 30th March 2007

Grey, A.W. v Little, A. M. [2005] QCCTB 185 Quantum Meruit : Money claimed under a domestic building contract or quantum meruit ? formation of contract - nature and extent of contract - Scope of works and variations - standard of work ? time to complete defective work ? breach of condition or warranty ? termination ? early possession ? enclosed stage - damages ? interest - costs. Mr D Morzone. Commercial and Consumer Tribunal Brisbane. 14th December 2005.

Haggarty Group P/L v Harmony Property Group P/L [2006] QCCTB 6 Whether Tribunal a Court for the purposes of the BCISPA 2004. Mr A Moon. 25th January 2006.

Hervey Bay (JV) P/L v Civil Mining and Construction P/L No2 [2008] QSC 128 Application to determine the correct sum due where adjudicators decision previously set aside by the court: court declinedsince there were on-going disputes as to what was due. McMurdo J. Brisbane. 7th May 2008

Hervey Bay (JV) P/L v Civil Mining and Construction P/L [2008] QSC 58 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 : entitlement to progress payments – entitlement to delay costs – where parties have modified the standard conditions of contract– 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. McMurdo J. 14th April 2008

Hitachi Ltd v O’Donnell Griffin P/L [2008] QSC 135 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. Brisbane. Skoien AJ 17th June 2008

Hulin v Bill Qui Constructions P/L [2007] QSC 108 Jurisdiction : Claim for nuisance caused by neighhbours construction works : Held : Court not tribunal has jurisdiction. Wilson J. Brisbane. 30th April 2007

Impulse Electrical (Aust) P/L v Mother Natures Chermside P/L [2007] QDC 023 Successful application for summary enforcement of amended second stage payment with revised / varied contract price. District Court. Brisbane. Forde DCJ. 2nd March 2007.

Intero Hospitality Projects P/L v Empire Interior (Australia) P/L [2007] QSC 220 Error of Law : Adjudicator determined that the relevant construction contract was the first contract concluded and that a subsequent contract did not count because it was induced by duress. If this was an error - as seems likely - it is an error adjudicator entitled to make. Any challenge must be through s100 litigation proceedings. In the meantime decision enforceable. de Jersey CJ. 23rd August 2007.

Intero Hospitality Projects PIL v Empire Interior (Australia) PIL & Peter James Hanlon [2008] QCA 83 Where the second respondent adjudicator made a decision under the BCISPA 2004 – where the primary judged dismissed the applicant’s application for a statutory order of review of the decision – where the underlying object of the BCISPA 2004 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. ) – where there was a dispute between the parties as to which document formed the basis of their agreement – where the adjudicator found that the earlier agreement governed the parties, as the later subcontract was signed under duress – whether the adjudicator was capable of maintaining a finding of common law duress. Holmes and Muir JJA and Chesterman J. 11th April 2008

J Hutchinson P/L v Galform P/L [2008] QSC 205 Whether the second payment claim, adjudication application and adjudication were an abuse of process. Chesterman J. Brisbane. 15th August 2008.

J.J.McDonald & Sons Eng. P/L v Neil Gall : RICS DRS QLD : CEPM P/l [2005] BS 7417 Application for judicial review. 2 : 1, whether the decision sought to be reviewed was a decision of an administrative character made under an enactment. 2, the propriety of the decision pursuant to s23 of the BCISPA 2004. Held : If there was an error of law, it was one the adjudicator was entitled to make. Application failed. HHJ Dutney : Supreme Court of Queensland. Brisbane. 17th October 2005.

Jag Interiors P/L v A-Trane Plumbing P/L [2008] QCCTB 85 Jurisdiction – claim for restitution – Building and Construction Industry Payments Act 2004 – section 100. MR P LOHRISCH. 5th June 2008

JM Kelly (Project Builders) P/L v Toga Development No 31 P/L (No. 2) [2008] QSC 312 Application for summary judgment against the 1st defendant in respect of money said to be owing under payment certificates for building work completed – an issue between the plaintiff and the 1st defendant is which of two agreements evidences their contract – both agreements include identical clauses regarding payment certificates – whether summary judgment should be entered for the plaintiff. Daubney J 1st December 2008

JM Kelly (Project Builders) P/L v Toga Development No 31 P/L [2008] QSC 311 2nd defendant applied under r 171 of the UCPR for the further amended statement of claim of the plaintiff to be struck out – numerous bases are nominated by the second defendant to justify the strike out – whether the claim for compensation in equity against the 2nd defendant should be struck out – whether the claims under the TPA against the 2nd defendant should be struck out – whether the claim against the 2nd defendant for damages for non-payment of progress payments should be struck out because the plaintiff also has a contractual claim against the first defendant or because the damages are too remote. Equity : 2nd defendant was the superintendent under a building project, of which the plaintiff was the builder – whether the 2nd defendant owes fiduciary duties to the plaintiff because of that relationship. Daubney J. 1st December 2008

KNJ P/L v Dare Sutton Clarke P/L [2006] QCA 105 Challenge to enforcement judgment : Asserted that admissions in court were incorrect and sought to introduce these as additional grounds for appeal where original challenge failed. Held : NO grounds to resist enforcement.: WILLIAMS JA. Court of Appeal. Supreme Court of Queensland at Brisbane. 11th April 2006.

Marshall, B. v Stimson, S. t/a SAS Roofing [2008] QCCTB 6 Building dispute – defective roofing works – non-payment of contract price – effect of adjudicator’s decision pursuant to the BCISPA 2004. Ms C Heyworth-Smith. 16th January 2008

McAlpine v Wieland [2008] QDC 76 Whether findings of Commercial and Consumer Tribunal amounted to an error of law. Nase DCJ. 8th April 2008

Melco Engineering P/L v Eriez Magnetics P/L [2007] QSC 198 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. Dutney J. 30th July 2007

Minimax Fire Fighting Systems P/L v Bremore Engineering P/L [2007] QSC 333 Payment schedule - validity. 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 BCISPA 2004 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 the applicant an opportunity to make submissions regarding the nature of the email.
Where the court’s jurisdiction to hear the appeal was founded under Part 3 of the Judicial Review Act 1991 (Qld) – where under ss13 and 48 the court could dismiss an application for review if the applicant was afforded an opportunity for review by another court, tribunal, authority or person, or if the interests of justice made it appropriate to do so – whether the mechanisms available to the applicant under s100 BCISPA 2004 enlivened the power granted under ss13 and 48. Chesterman J. 14th November 2007

Mitchell v Pacific Dawn P/L [2003] QCA 526 Settlement Agreement : Progress payments. Duress. Retrial ordered. Court of Appeal. Supreme Court. Queensland. McPherson JA Mackenzie J Wilson J 28th November 2003

Mitchell v Pacific Dawn P/L [2003] QSC 086 Settlement Agreement : Stage Payments : Economic Duress established. B W Ambrose J. Supreme Court Queensland. Trial Division. Brisbane. 4th April 2003.

Mitchell v Pacific Dawn P/L [2006] QSC 198 Outstanding progress payments : Settlement Agreement : Undue influence : Economic Duress. Chesterman J. Supreme Court of Queensland. Brisbane. Trial Division. 18th August 2006

Mitchell v Pacific Dawn P/L [2007] QCA 074 Where plaintiffs pleadings alleged duress, illegitimate pressure and unconscionable conduct arising out of the same facts - whether references to illegitimate pressure and unconscionable conduct should be struck out : where parties compromised contract - where plaintiff alleged contract was varied prior to compromise - whether judgment as to compromise of contract created issue estoppel in relation to alleged prior variation. De Jersey CJ, Keane JA and Mullins J : Supreme Court of Queensland. Court of Appeal. 16th March 2007.

Multiplex Ltd v Qantas Airways Ltd [2006] QCA 337 Application for declaration that respondent had no entitlement to deduct liquidated damages from various progress payments due under a construction contract - opposed : court requied to make assumptions contrary to appellant's other submissions - application refused at 1st instance- whether judge erred in declining to declare the rights of the parties to payment of the amounts claimed by respondent as liquidated damages. McMurdo P, Keane JA and Mullins J.Court of Appeal. Supreme Court of Queensland at Brisbane. 8th September 2006.

Northside Roofing Pty Ltd v Pires Constructions Pty Ltd [2007] QDC 172 DCJ Jurisdiction : Commercial and Consumer Tribunal - whether a “court of competent jurisdiction” - whether proceedings pursuant to s.19 (1) (a) of the BCISPA 2004 are matters for the Tribunal or for a Court. Durward SC. 17th January 2007

On Hing Pty Ltd v Phoenix Project Development Pty Ltd [2006] QDC 159 Application for stay or payment payment of monies paid into court following an adjudication under BCIPA 2004 : previous refusal of applicant?s application to set aside adjudicator?s order : whether stay of payment out to respondent should be ordered. Application refused. Alan Wilson SC, District Court of Queensland, Brisbane. 8th June 2006

Peekhrst P/L v Wallace [2007] QSC 159 Generally where review sought of decision made by
adjudicator under BCIPA 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. Application to set aside statutory demand for debts based on
judgment obtained pursuant to BCIPA 2004 – Where no application to set aside judgment obtained pursuant to s. 31(4) – Where no proceedings instituted pursuant to s. 100 – Where applicant
delayed in submitting a list of defects – Whether in all the circumstances Court should exercise its discretion to set aside statutory demand. Douglas J. 6th July 2007

Phoenix Project Development P/L v On Hing P/L [2006] QDC 075 Whether decision of adjudicator under BCIPA Act 2004 void or a nullity ? Court?s power to set aside judgment entered after adjudication. Alan Wilson SC, DCJ : Queensland District Court. 11th April 2006.

Pioneer Sugar Mills P/L v United Group Infrastructure P/L [2005] QSC 354 Application for declaratory relief to establish that a payment claim delivered by the respondent dated 14th November 2005 is not a payment claim that is subject to the regime for assessment and adjudication established by the BCIPA 2004. HHJ Byrne : Supreme Court of Queensland. Brisbane. 25th November 2005

Rahmanian, M. v Building & Construction Industry Payments Agency [2006] QCCTB 83 Review of decision of adjudication registrar to refuse application for registration as adjudicator. Mrs G Spender. Brisbane. 24th May 2006.

Ram Contractors Qld P/L v Krysco P/L [2008] QCCTB 41 Claim of contractor against sub-contract carpenters – restriction of adjudicated amount and payments under Building and Construction Industry Payments Act 2004 – claim for defective work. Mr P Lohrisch. 8th April 2008

RJ Neller Building P/L v Ainsworth [2008] QDC 129 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. Dodds DCJ. Brisbane. 25th June 2008

RJ Neller Building P/L v Kjerulf David Ainsworth [2008] QDC 221 Costs - circumstances in which certain costs were reserved for consideration after issues in the proceeding are determined. Judge Robin QC, 20th August 2008

Roadtek, Department of Main Roads v Philip Davenport and Whitsunday Crushers Ptd Ltd [2006] QSC 047 Review of adjudicator's decision under BCIPA 2004 : supply & delivery of goods ? defects asserted ? defects disputed ? adjudicator made no findings re defects ? whether adjudicator erred in finding property in the materials had not passed to the applicant & thus an improper exercise of power. Application dismissed. HHJ Mackenzie J : Supreme Court of Queensland. Brisbane. 17th March 2006.

State of Queensland v Epoca Constructions P/L & Phillip Davenport [2006] QSC 324 Judicial Review ? Review Decision ? decisions to which JR legislation applies ? where the applicant sought judicial review of a decision by an adjudicator under the BCIPA 2004 (Qld) ? whether JR 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 JRA 1991. JR ? Grounds of Review - Generally ? whether the application for JR ought to be dismissed in the exercise of discretion under ss 12, 13, 30 or 48 of the JRA. JR ? Grounds of Review ? Error of Law ? whether the adjudicator erred in failing to observe the provisions of the BCIPA ? whether error made by adjudicator in consideration of BCIPA and application and construction of the construction contract. Philippides J. Supreme Court of Queensland, Trial Division. Brisbane. 31st October 2006.

Tamawood Ltd v Paans [2005] QCA 111 CCT - Construction dispute : Costs - where person successful in Tribunal - where defendants ordered by Tribunal to pay damages - where no order for costs made in favour of the person - where all parties appealed to the District Court - then to CA. Costs. Willeams JJA; Keane JJA; Philippides J. Court of Appeal. Supreme Court of Queensland. Brisbane. 15th April 2005.

Vis Constructions Ltd v Cockburn [2006] QSC 416 Application to review adjudication decision under BCISPA 2004 ? whether decision is regulated by the rules of natural justice & set aside the decision ? 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 . Adjudicator made a finding as to existence of a contract ? finding on a basis not suggested by applicant or respondent ? applicant denied the opportunity to be heard ? whether a fair hearing denied to the applicant. Jones J. Supreme Court of Queensland at Cairns. 15th December 2006

Vis Constructions P/L v Cockburn and Kilfoy Cabinets [2007] QSC 243 Costs – set aside. Application for costs following successful application to set aside adjudication award. Jones J. 19th April 2007

Walton Construction (Qld) P/L v Salce [2008] QSC 235 Validity of a decision of an adjudicator – Claim that the adjudicator lacked jurisdiction.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. McMurdo J. 3rd October 2008

Western Queensland Regional CDEP Ltd v GE Constructions P/L [2007] QCCTB 4 Application for indemnity costs ? proceeding struck out ? conduct of applicant. Mr D Morzone. Brisbane. 11th January 2007

Wolbers v Day & Co P/L [2007] QDC 103 Striking out counter claims : BCISPA 2004 - defendant denying Act applies, and serving counterclaim - whether denial that Act applies negates its effect - whether counterclaim should be struck out. Alan Wilson SC, DCJ. District Court of Queensland at Southport. 7th June 2007

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