Supreme Court - Trial Division

BRB Modular Pty Ltd v AWX Constructions Pty Ltd & Ors [2015] QSC 222 (15/7073) Bond J 22 July 2015 (delivered ex tempore)

Full-text: QSC15-222.pdf


EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS – BALANCE OF CONVENIENCE GENERALLY – where the applicant is seeking an interlocutory injunction to restrain the first respondent from enforcing an adjudication determination pending the final hearing – where the first defendant concedes that a “prima facie” case had been shown by the applicant – where the main issue turns on the balance of convenience – relevance to such applications of the policy considerations underlying the Building and Construction Industry Payments Act 2004 (Qld)

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where an adjudicator’s decision was made in favour of the first respondent – where the applicant seeks to challenge the decision on the basis of jurisdictional error – whether the applicant should bear the risk that monies paid under an adjudicator’s decision may not be refunded in the event the adjudicator’s decision is void for jurisdictional error