Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] QSC 293 I refer to earlier postings regarding Kirk; N.K Collins and more recently Thiess in relation to jurisdictional error in the purview of judicial reviews and the supervisory role of the Supreme Court. Allens Arthur Robinson The Supreme Court of [...]

Phoenix Constructions Queensland Pty Ltd v Coastline Constructions Pty Ltd and Michelle McCracken and Jarrod McCracken [2011] QSC 167 Allens Arthur Robinson The Supreme Court of Queensland has made an award of damages under the Corporations Act 2001 (Cth) for the ‘improper’ conduct of a company director. On the facts, the director had caused the [...]

Allens Arthur Robinson Ceresola TLS AG v Thiess Pty Ltd & John Holland Pty Ltd [2011] QSC 115 The Supreme Court of Queensland has refused to grant an injunction restraining a party from calling on a bank guarantee despite there being serious questions to be tried. The Court affirmed the general rule that, in the [...]

Arthur Allens Robinson Project Company No 2 Pty Ltd v Cushway Blackford & Associates Pty Ltd & Anor [2011] QCA 102 The Queensland Court of Appeal has allowed an appeal and ordered that a party be added as a plaintiff to a case yet to be heard. The court below had dismissed the application on [...]

Allens Arthur Robinson Mitchell v Pacific Dawn Pty Ltd [2011] QCA 98 The Queensland Court of Appeal has affirmed that a threatened breach of contract may amount to normal commercial negotiations if the party exerting the pressure does so in good faith and on a reasonable and honest view of its legal rights. On the [...]

Allens Arthur Robinson The Supreme Court of Queensland has dismissed an application to set aside an adjudication decision on the basis of jurisdictional error. Though it agreed with the NSW Court of Appeal that the legislation is not intended to permit a fresh adjudication application in respect of work that has already been the subject [...]

Allens Arthur Robinson The Queensland Court of Appeal has held that a construction manager, which provided only construction management services and did not undertake any building works, was obliged to rectify defective building work if so directed by the Queensland Building Services Authority under the Queensland Building Services Authority Act 1991 (Qld). In doing so, [...]

Allens Arthur Robinson The Queensland Court of Appeal has followed the High Court and found that, despite the specific exclusion of the Building and Construction Industry Payments Act 2004 (Qld) from the operation of the Judicial Review Act 1991 (Qld), the legislature cannot exclude the power of a State Supreme Court to exercise its supervisory [...]

Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No 2) [2010] QSC 457 Allens Arthur Robertson The Supreme Court of Queensland has applied the balance of convenience test and ordered an applicant (which had the benefit of an earlier restraining order that prevented a respondent enforcing an adjudication determination [...]

Oakwood Constructions Pty Ltd v Wyndon Properties Pty Ltd [2010] QCA 323 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that a builder can claim compensation under the Property Law Act 1974 (Qld) if it made lasting improvements to land in the genuine but mistaken belief that the land was owned by the [...]