Ausipile Pty Ltd v Bothar Boring and Tunnelling (Australia) Pty Ltd [2021] QCA 223
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)…
Built Qld Pty Ltd v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd [2021] QSC 224
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…
Santos Limited v Fluor Australia Pty Ltd & Anor (No 2) [2020] QSC 373
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…
Santos Limited v Fluor Australia Pty Ltd & Anor [2020] QCA 254
17-11-20 / Jason Mitchenson — Contract, Building & Construction
This was an appeal of the primary judge’s decision to dismiss Santos Limited’s application for further disclosure. The decision considers whether the application for further disclosure constituted a fishing expedition and the correct approach to appeals concerning matters of practice and procedure. Jason Mitchenson appeared (led by Patrick O’Shea QC)…
Santos Limited v Fluor Australia Pty Ltd & Anor [2020]
16-7-20 / Jason Mitchenson — Contract, Building & Construction
This was a decision on two applications. The first was bought by Santos Limited seeking orders for further disclosure. The second was bought by Fluor Australia Pty Ltd and Fluor Corporation seeking an order that Santos Limited file and serve further and better particulars of its amended statement of claim.…
