Michael Hodge KC and Jason Mitchenson appeared for the applicant, instructed by McCullough Robertson.
The applicant sought a declaration that the decision of the third respondent, made pursuant to the Building Industry Fairness (Security of Payment) Act 2017 (Qld), is void. The applicant contends that the decision is void for two related reasons. First, the third respondent leapt to each of the four conclusions, and so failed to carry out an active process of intellectual engagement. Second, the third respondent failed to give the necessary reasons for the four conclusions in the way required by section 88(5)(b) of the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
The judgment is published here.
