Archive for the 'Construction' Category

HCA – Transcripts for Special Leave (Brisbane)

Monday, March 15th, 2010

 

WorkCover Queensland v Amaca Pty Ltd & Anor [2010] HCATrans 48 (12 March 2010)
Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd & Ors [2010] HCATrans 49 (12 March 2010)
Selected Seeds Pty Ltd v QBEMM Pty Limited & Ors [2010] HCATrans 50 (12 March 2010)
Spain v Workcover Queensland & Anor [2010] HCATrans [...]

HCA – Special Leave Applications (Brisbane)

Friday, March 12th, 2010

Attached is the Special Leave applications list which was heard today.

I refer to my earlier postings in the following matters and note:

WORKCOVER QUEENSLAND v AMACA PTY LTD (ACN 000 035 512) & ANOR – Leave granted to Workcover
SPAIN v WORKCOVER QUEENSLAND & ANOR- Leave refused to Spain
MARTINEK HOLDINGS PTY LTD (ACN 106 533 242) v [...]

Challenging the validity of the BCIPA adjudicator’s certificate for lack of good faith

Monday, February 15th, 2010

David & Gai Spankie & Northern Investment Holdings Pty Limited v James Trowse Constructions Pty Limited & Ors [2010] QSC 29
I refer to my recent posting re: good faith. His Honour McMurdo contrasted the broad approach and strict approach to “lack of good faith” as discussed by Holmes JA and P Lyons in Queensland Bulk [...]

BCIPA – Adjudicator’s Certificates – Good faith & Brodyn Pty Ltd’s decision

Tuesday, February 9th, 2010

 

 Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7  I refer to my earlier postings in respect of the mechanism of the Building Construction Industry Payments Act 2004 Qld (“ BCPIA”).
 
Her Honour Holmes JA delivered the leading judgment, with His Honour Fraser JA concurring and [...]

BCIP Act – Payment Schedules and Without Prejudice offers

Tuesday, January 19th, 2010

National Vegetation Management Solutions P/L v Shekar Plant Hire P/L [2010] QSC 3
I refer to my earlier entries as to how the Building and Construction Industry Payments Act 1994 (Qld) operates.
The issue in dispute was whether correspondence by the respondent’s solicitor was a “payment schedule” within section 18 of the Act and if it was [...]

Pre-conditions to an Adjudicator’s Certification

Thursday, December 10th, 2009

 B J and S Paterson Pty Ltd (t/a Cooloola Civil Constructions) v Eleventh Trail Pty Ltd [2009] QDC 380
 
Eleventh Trail filed an application to stay the judgment entered pursuant to the registration of the adjudicator’s certificate. It later became clear their argument was that the adjudicator’s decision was void because the payment claim in dispute [...]

Whether the superintendent’s final certificate trumps the adjudication certificate

Tuesday, November 3rd, 2009

Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd
His Honour Justice Keane JA, with whom the Chief Justice and Her Honour Justice Holmes JA concurred, dismissed the appeal by Martinek.
The factual matrix and surrounding legislation is concisely summarised by Keane JA as follows:
 [2] An adjudication decision made under the Building and Construction Industry [...]

David Cormack, Barrister