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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia. |
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Construction
Thursday, 25 September 2014 |
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| Executive Summary (One Minute Read) |
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| Civil Mining & Construction Pty Ltd v Isaac Regional Council (QSC) - security of payments - concurrent dispute resolution under contract and statute - injunction refused |
| Summaries With Link (Five Minute Read) |
Civil Mining & Construction Pty Ltd v Isaac Regional Council [2014] QSC 231
Supreme Court of Queensland
P McMurdo J
Security of payments - parties entered contract for road works to be constructed by CMC for Council - Council challenged payment claim served by CMC under Building and Construction Industry Payments Act 2004 (Qld) - Council contended claim was abuse of statutory scheme - Council contended nearly all of claim's components were subject of previous adjudications - those adjudications had been set aside - Council also submitted it had invoked dispute resolution provisions of contract -mediation under contract was expected to result in arbitration of same matters to be decided by adjudicator under statutory scheme - Council sought final injunction to prevent claim's progress under statutory scheme - ss17(5) & 17(6) - held: setting aside adjudicators' decisions put parties in same position as if there had been no adjudication - no impediment to concurrent process under both dispute resolution clause of contract and under the statutory scheme - injunction refused.
Civil Mining & Construction Pty Ltd |
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