3-2-23 / Damian Clothier KC — Contract, Building & Construction
The appellant and respondent entered into a written subcontract whereby the appellant agreed to construct roadworks for a lump sum payment. The appellant achieved practical completion of the works and submitted a payment claim to the respondent. The appellant sought orders for payment of the disputed sum pursuant to s…
11-11-21 / Damian Clothier KC — Building & Construction
This proceeding formed part of a claim for damages over alleged loss and damage suffered by the plaintiff, Australian Golf Management Corporation, as a result of the construction of a pipeline by the defendant, Logan City Council, through land rented to Australian Golf Management Corporation by Logan City Council for…
28-5-21 / Damian Clothier KC, Florence Chen — Building & Construction, Contract
An appeal from a decision of the Supreme Court of Queensland. At first instance, the Court held that an adjudication decision made under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) was not valid. The Appellant (RHG Construction) was the builder and the Respondent (KP Developments) was…
21-11-16 / Damian Clothier KC, Matthew Hickey OAM — Building & Construction, Judicial Review & Administrative
Damian Clothier QC and Matthew Hickey successfully appeared (instructed by Clayton Utz) to resist an application for review of an adjudication decision under the Building and Construction Industry Payments Act. The applicant sought to have the decision set aside on two bases (to summarise them): first, that the adjudicator's decision in respect…
26-8-16 / Damian Clothier KC — Appellate, Building & Construction, Contract, Resources & Energy
Entitlement to demand payment of bank guarantees.
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