Supreme Court - Trial Division

Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2015] QSC 168 (14/BS9191) Byrne SJA 26 June 2015

Full-text: QSC15-168.pdf

Catchwords

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY - where the adjudicator was mistaken about claim dates - where the adjudicator decided claims based on information not provided by either party - where the applicant claimed that the adjudicator failed to have proper regard to submissions made - whether the adjudicator’s actions amounted to procedural unfairness

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – OTHER MATTERS - where part of an adjudication decision is affected by jurisdictional error - where the proceeding to challenge the adjudicator’s decision was brought before the Building Construction Industry Payment Act 2004 (“the Act”) was amended to include s.100(4) - whether s.100(4) of the Act applies to the proceeding

ESTOPPEL – ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF ACTION ESTOPPEL – PARTICULAR CASES - where the respondent was unsuccessful in a previous adjudication - where the respondent brought a new claim based on similar facts using a different contractual clause - where the respondent adduced new evidence - whether the adjudicator was bound by an issue estoppel - whether the parties to the adjudication were bound by a decision of a previous adjudicator