Cases - Level Twenty Seven Chambers

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Building & Construction Cases

RHG Construction Fitout and Maintenance Pty Ltd v Kangaroo Point Developments MP Property Pty Ltd & Ors [2021] QCA 117

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…

Kangaroo Point Developments MP Property Pty Ltd v RHG Construction Fitout and Maintenance Pty Ltd & Ors [2021] QSC 30

26-2-21 / Michael Trim KC — Building & Construction, Contract

The parties to a design and construct contract were in dispute about whether an adjudication decision was valid. That included disputes on a number of matters including what constituted the relevant payment schedule under s 69 of the Building Industry Fairness (Security of Payment) Act 2017 (a superintendent’s determination or…

Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd & Ors; Jones v Galaxy Developments Pty Ltd & Ors [2021] QCA 10

2-2-21 / Rachel De Luchi — Building & Construction

Appeals of a primary judge’s decision setting aside an adjudicator’s decision purportedly made under the Building Industry Fairness (Security of Payment) Act 2017 (“the Act”), but beyond the time limit for the decision under the Act. The adjudicator held that Civil Contractors (Aust) Pty Ltd (“CCA”) should recover an adjudicated…

Queensland Building and Construction Commission v Buchanan [2020] QCATA

18-12-20 / Rachel De Luchi — Building & Construction

An appeal concerning the application of the excluded individual provisions in s 56AC of the Queensland Building and Construction Commission Act 1991 (Qld), where the Act was amended between the date of the QBCC's decision and the Tribunal's decision on review. The respondent was classified as a permanently excluded individual…

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…