19-11-21 / Jason Mitchenson — Building & Construction, Contract
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 [2021] QSC 244. The primary question before the Court concerned the proper characterisation of the Plaintiff’s claim for the return of the remaining security.…
8-11-21 / Jason Mitchenson — Contract
Jason Mitchenson (with P O'Shea QC) appeared for the plaintiff, instructed by Corrs Chambers Westgarth. The judgment is published here.
15-10-21 / Jason Mitchenson — Building & Construction, Contract
This matter was an appeal concerning the validity of a payment claim made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). The primary question before the Court of Appeal was whether the payment claim in question (which purported to be made under a one contract)…
3-9-21 / Jason Mitchenson — Building & Construction, Contract
This proceeding concerned the construction of a hotel in Brisbane. The Plaintiff (contractor) brought proceedings against the Defendant (principal) seeking AUD 6,567,108.09, primarily in relation to a single alleged variation which was said to have arisen by reason of defective work notices issued by the Defendant. The alleged variation was…
18-12-20 / Jason Mitchenson — Contract, Building & Construction
The Applicant brought an application under rule 501 of the Uniform Civil Procedure Rules 1999 (Qld) to refer all questions raised on the pleadings to a panel of three referees. In ordering the reference, Bradley J considered the scope of the Court’s power under rule 501 (which was introduced by…
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