Supreme Court - Trial Division

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Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2014] QSC 271 (14/BS9191) Peter Lyons J 02/10/2014 (delivered ex tempore)

Full-text: QSC14-271.pdf

Catchwords

EQUITY EQUITBALE REMEDIES INJUNCTIONS INTERLOCUTORY INJUNCTIONS RELEVANT CONSIDERATIONS BALANCE OF CONVENIENCE GENERALLY where an adjudication decision was made by the second respondent under the Building and Construction Industry Payments Act 2004 (Qld) in favour of the first respondent and against the applicant where the applicant has brought proceedings challenging the validity of the adjudication decision where the applicant seeks an interlocutory injunction restraining the first respondent from taking steps to enforce the adjudication decision pending the determination of the principal proceedings where the applicant was prepared to pay moneys into court pending the determination of the principal proceedings where the applicant submits that if the injunction were not granted there is a risk that it would not be repaid if ultimately successful in the principal proceedings whether an injunction should be granted

CONTRACTS BUILDING, ENGINEERING AND RELATED CONTRACTS REMUNERATION STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS ADJUDICATION OF PAYMENT CLAIMS where an adjudication decision was made by the second respondent under the Building and Construction Industry Payments Act 2004 (Qld) in favour of the first respondent and against the applicant where the applicant has brought proceedings challenging the validity of the adjudication decision where the applicant seeks an interlocutory injunction restraining the first respondent from taking steps to enforce the adjudication decision pending the determination of the principal proceedings where the intention of the Building and Construction Industry Payments Act 2004 (Qld) is that an adjudication should have effect unless and until an inconsistent decision is made by a court of competent jurisdiction whether in the circumstances of this case the policy of the Act outweighs considerations regarding the prospects of success or the balance of convenience