Supreme Court - Trial Division

Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd and Anor [2014] QSC 030 ; [2015]1 Qd R 265 (13/9535) Philip McMurdo J 7 March 2014

Full-text: QSC14-030.pdf

Catchwords

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – RENUMERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the applicant challenges an adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) – where some of the adjudication application was served on the applicant by way of email – where other documents in the adjudication application were contained in a Dropbox file - whether the adjudication application was properly served on the applicant.

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the applicant challenges an adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) – whether the adjudicator erred in concluding that the applicant was out of time to provide an adjudication response – whether the refusal to permit an adjudication response deprived the adjudicator of jurisdiction.

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the applicant challenges an adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) – whether the adjudicator erred in concluding that the applicant was out of time to provide an adjudication response – whether the refusal to permit an adjudication response was a denial of natural justice.