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Construction
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,...
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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...
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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...
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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...
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Darling Downs Foods Pty Ltd v Bovis Lend Lease Pty Ltd & Ors [2010] QSC 409 Allens Arthur Robinson The Supreme Court of Queensland has followed the High Court and affirmed that the designer or builder of commercial premises owes no duty of care – in respect of pure economic loss arising from defects in...
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David Spankie v James Trowse Constructions Pty Limited [2010] QSC 336 Allens Arthur Robinson The Supreme Court of Queensland has held that a void adjudication does not extinguish a party’s right to make a payment claim in respect of the same issues and to have that payment claim adjudicated. The court also confirmed that, as...
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Allens Arthur Robinson The Queensland Court of Appeal has found that the judge at first instance did not err in a finding of fact, despite the existence of evidence from which competing inferences could have been drawn. In doing so, the court applied the principles established by the High Court in Fox v Percy [2003]...
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Allens Arthur Robinson The Supreme Court of South Australia has upheld the principle that a builder is not liable to a subsequent purchaser merely because the builder used a cheaper form of construction that had higher ongoing maintenance costs, especially in circumstances where the subsequent purchaser chose not to conduct an inspection that would have...
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Mansouri & Anor v Aquamist P/L [2010] QCA 209 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that the entitlement to serve a payment claim on an entity who ‘may be liable’ to make payment does not – and was never intended to – enlarge the operation of the legislation to allow payment...
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Allens Arthur Robinson The Supreme Court of Queensland has confirmed that, in a security for costs application against an impecunious corporation, the willingness of those who stand behind that corporation to expose themselves financially is simply one of the factors that a court must consider in exercising its unfettered discretion to order security for costs....
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