Further proceedings relating to the calculation of interest arising from her Honour’s decision in Built QLD Pty Ltd v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd  QSC 244. The primary question before the Court concerned the proper characterisation of the Plaintiff’s claim for the return of the remaining security. Her Honour held that given the claim was pleaded as a claim in restitution, the Plaintiff had no entitlement to the penalty rate under section 67P of the QBCC Act.
Jason Mitchenson (with T P Sullivan QC) appeared for the defendant, instructed by Thomson Geer.
The judgment is published here.