Security of payment – proof of a construction contract

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 claims to be served on those who are not parties to the contract, agreement, or other arrangement. Thus, in security of payment cases, it is necessary to establish the existence of the construction contract, agreement, or other arrangement between the claimant and the respondent in respect of which the payment claim is made.

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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