Supreme Court - Trial Division

BRB Modular Pty Ltd v AWX Constructions Pty Ltd & Ors [2015] QSC 218 (15/7073) Applegarth J 31 July 2015

Full-text: QSC15-218.pdf

Catchwords

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT AND RECOVERY OF PROGRESS PAYMENTS – where the applicant seeks a declaration that an adjudication decision is void by reason of jurisdictional error and an injunction restraining a sub-contractor from giving effect to it – where applicant submits that no reference date accrued pursuant to Building and Construction Industry Payments Act 2004 (Qld) – where contract required submission of a statutory declaration before a payment claim could be made – where contract required the sub-contractor to depose that, to the best of its knowledge, all sub-contractors had been paid – where sub-contractor delivered a payment claim together with a statutory declaration in the prescribed form with the addition “other than those owed variations, payable by the head contractor” – where applicant submits that no reference date for the making of a payment claim arose as the declaration was not in the required form – whether the contractual condition is effective to exclude the sub-contractor’s statutory entitlement to make a progress claim under the Act