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Construction
Allens Arthur Robinson The Queensland Supreme Court has confirmed that evidence of conduct, after the date of a contract, is not admissible to assist in the construction of a contract; but it is admissible to assist in determining whether a contract has been varied. As to the content of that variation, the court applied the...
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Allens Arthur Robinson The Supreme Court of Queensland has refused to make a declaration on whose role it is under a contract to determine whether certain extensions of time give rise to delay costs. In dismissing the contractor’s application, the court found that, on the proper construction of the contract, the parties intended certain extensions...
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  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...
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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...
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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...
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   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...
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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...
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 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...
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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...
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