Court of Appeal

Monadelphous Engineering Pty Ltd & Anor v Wiggins Island Coal Export Terminal Pty Ltd [2015] QCA 290 ; [2016] 3 QLR (15/6770) Holmes CJ and Applegarth and Boddice JJ 18 December 2015

Full-text: QCA15-290.pdf


CONTRACTS – BUILDING ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – OTHER MATTERS – where the respondent contracted the appellants’ firm to perform construction work in relation to the construction of a coal export terminal – where the respondent purported to call on bank guarantees to secure performance of its contractual obligations – where the appellants claimed that the contract was governed by the Queensland Building and Construction Commission Act 1991 (Qld) such that the respondent was precluded from calling upon the guarantees – where the primary judge found that the contract was not a “building contract” for the purposes of the Act – where the primary judge relied upon an earlier decision of this Court – where that decision considered the meaning of “building works” and “building contract” under the Act – whether that decision was wrong and should be overruled