Cases - Level Twenty Seven Chambers

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Building & Construction Cases

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)…

Santos Limited v Fluor Australia Pty Ltd & Anor [2021] QCA 204

24-9-21 / Claire Schneider — Building & Construction, Contract

Claire Schneider (with P L O'Shea QC) appeared for the appellant, instructed by Corrs Chambers Westgarth. The judgment is published here.

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…

Queensland Building and Construction Commission v Kooner & Ors [2021] QDC 136

4-8-21 / Rachel De Luchi — Building & Construction

The Queensland Building and Construction Commission (Commission) sought to recover circa AUD200,000 from the third defendant pursuant to s 111C(6) of the Queensland Building and Construction Commission Act 1991, on the basis that he was a director of Budget Quality Homes Pty Ltd (BQH) who was the building contractor liable to…

Queensland Building Services Authority v Samimi & another [2021] QDC 112

9-7-21 / Shane Monks — Building & Construction, Contract

The Queensland Building and Construction Commission (formerly the Queensland Building Services Authority) commenced an action against the defendants to recover statutory insurance monies as debt under ss 71(1), 111C(3) and (6) of the Queensland Building and Construction Commission Act 1991 (Qld). The first defendant was the director of Spectrum Pty…