District Court

Mackay Labour Hire Pty Ltd v J M Kelly (Project Builders) Pty Ltd [2015] QDC 196 (13/84) Smith DCJA 7 August 2015

Full-text: QDC15-196.pdf

Catchwords

PRACTICE AND PROCEDURE striking out part of statement of claim whether reasonable cause of action disclosed whether issue estoppel prevented the plaintiff from alleging a contract with the defendant- whether admissions should be permitted to be withdrawn- whether leave should be given to permit the defendant to bring a counter claim

BUILDING CONTRACTS whether section 42 of the Queensland Building Services Authority Act 1991 (Q) governs a claim under the Building and Construction Industry Payments Act 2004 (Q)

Uniform Civil Procedure Rules considered

Rule 7 Extending and shortening timeRule 149 Statements in pleadingsRule 150 Matters to be specifically pleadedRule 171 Striking out pleadingsRule 178 - Counterclaim against additional partyRule 371 Effect of failure to comply with rulesRule 658 General