Supreme Court - Trial Division

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Marveldale Pty Ltd, Re [2015] QSC 208 (14/9831) Peter Lyons J 23/07/2015

Full-text: QSC15-208.pdf

Catchwords

BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – SUBCONTRACTORS’ CHARGES ACT – where the applicant carried out work on a project pursuant to a subcontract with the first defendant – where the second defendant was the first defendant’s employer – where the first defendant was placed into voluntary liquidation on 8 September 2014 – where, on 23 September 2014, the applicant issued a Notice of Claim of Charge to the first defendant under s 10 of the Subcontractors’ Charges Act – where another subcontractor commenced proceedings against the defendants on 17 October 2014 without obtaining leave under s 500 of the Corporations Act – where the second defendant has paid into court a sum of money otherwise payable to the first defendant to satisfy claims under the Subcontractors’ Charges Act – whether the applicant should be granted leave to commence proceedings against the first defendant under s 500 of the Corporations Act – whether the applicant has given a Notice of Claim of Charge pursuant to s 10 of the Subcontractors’ Charges Act, within one month of the action of the other subcontractor being commenced – whether the applicant’s charge has been extinguished under s 15 of the Subcontractors’ Charges Act – whether ‘notice’ in s 12(3A) of the Subcontractors’ Charges Act refers to a notice to an employer or a contractor