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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia. |
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Construction
Wednesday, 5 November 2014 |
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| Executive Summary (One Minute Read) |
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| Sunshine Coast Regional Council v Earthpro Pty Ltd (QSC) - security of payments - injunction restraining enforcement of adjudication refused |
| Summaries With Link (Five Minute Read) |
Sunshine Coast Regional Council v Earthpro Pty Ltd [2014] QSC 271
Supreme Court of Queensland
P Lyons J
Security of payments - equity - adjudication made in favour of respondent under Building and Construction Industry Payments Act 2004 (Qld) - applicant challenged validity of adjudication - applicant sought interlocutory injunction to restrain respondent from enforcing adjudication pending outcome of proceedings - prospects of success - balance of convenience - held: policy of the Act that adjudication should have effect unless and until an inconsistent decision made by court of competent jurisdiction outweighed risk that applicant might not be repaid if relief not granted - injunction refused.
Sunshine Coast Regional Council |
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