Cases - Level Twenty Seven Chambers

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Building & Construction Cases

Devine Constructions Pty Ltd v Stowe Australia Pty Ltd & Ors [2022] QSC 51

11-4-22 / Michael Trim KC, Matthew Hickey OAM KC, Rachel De Luchi — Building & Construction, Contract, Professional Negligence

In a proceeding concerning alleged breaches of contract and negligence in the construction of a high-rise apartment building at Hamilton, three separate defendants sought to strike out aspects of the plaintiff's claims against them. In this application, Matthew Hickey OAM (instructed by DLA Piper) appeared for the successful second defendant. In…

Bothar Boring and Tunnelling (Australia) Pty Ltd v Ausipile Pty Ltd [2021] QCA 226

8-11-21 / Matthew Hickey OAM KC — Appellate, Building & Construction

The applicant had been unsuccessful on appeal, concerning a debt arising under the Building Industry Fairness (Security of Payment) Act. The applicant sought a stay of the Court's judgment because it apprehended the respondent had deliberately structured its financial affairs so as to ensure the applicant would be unable to…

Lee Anthony Crocker v Queensland Building and Construction Commission [2020] QSC 24

4-3-20 / Matthew Hickey OAM KC, Rachel De Luchi — Building & Construction, Judicial Review & Administrative

Matthew Hickey and Rachel De Luchi appeared for the Queensland Building and Construction Commission (QBCC), in an application for judicial review of decisions taken by the QBCC in respect of claims made by homeowners under the statutory insurance scheme. Justice Jackson's reasons clarify aspects of to whom the QBCC is…

The Thistle Company of Australia Pty Ltd v Bretz [2018] QCA 6

9-2-18 / Matthew Hickey OAM KC — Professional Negligence, Building & Construction

Matthew Hickey appeared (unled against silk, instructed by Clyde & Co) for the successful respondent to this appeal from a decision to dismiss a claim for professional negligence against an engineering company, concerning its design and supervision of the construction of a service station in Bundaberg. Matthew had also successfully…

Annie Street JV Pty Ltd v MCC Pty Ltd & Ors [2016] QSC 268

21-11-16 / Damian Clothier KC, Matthew Hickey OAM KC — 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…

Cases — Matthew Hickey OAM KC