Supreme Court - Trial Division

Ball Construction Pty Ltd v Conart Pty Ltd [2014] QSC 124 (13/7482) Douglas J 6 June 2014

Full-text: QSC14-124.pdf

Catchwords

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND CONDITIONS – VARIATIONS – where the applicant and a company entered into a building contract – where that company and the first respondent entered into a deed of assignment with the consent of the applicant – where the director of the original construction company swore a statutory declaration – where the director of the first respondent also swore a statutory declaration – where the statutory declarations stated that no variations, claims or disputes existed – whether the statutory declarations and the agreement to enter into a deed of assignment created an estoppel

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where a dispute about the date for practical completion under the contract arose – where liquidated damages and variations were also disputed – where an adjudicator appointed under the Building and Construction Industry Payments Act 2004 adjudicated a payment claim – where the applicant and first respondent entered into a deed – where by that deed the first respondent undertook not to enforce the adjudication certificate – where the third respondent then adjudicated a further payment claim – whether there were jurisdictional errors in the third respondent’s adjudication decision – whether the first respondent had engaged in an abuse of process – whether the adjudication should be declared void or quashed

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – PROGRESS PAYMENTS – whether work carried out before the deed was work under the construction contract

CONTRACTS – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – DISCHARGE BY AGREEMENT – NOVATION – whether the agreement between the applicant and the first respondent was an assignment or a novation