Canadian Solar Construction Pty Ltd v Re Oakey Pty Ltd [2023] QSC 288, 15 December 2023
Mark Steele KC appeared with Brent Reading for the successful plaintiff. The proceeding concerned whether a payment claim had been validly served upon the defendant as required by s. 75(1) of the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Justice Freeburn found that it was, rejecting the defendant’s defences based upon conventional estoppel, misleading or deceptive conduct and unconscionable conduct. The disputes concerning the proper interpretation of the contract were also resolved in favour of the plaintiff.
Iris Broadbeach Business Pty Ltd v Descon Group Australia Pty Ltd & Anor [2023] QSC 290, 15 December 2023
Brent Reading (led by Mark Ambrose KC) appeared for the successful applicant in this proceeding. The decision is of particular interest to the building and construction industry. In short, Justice Williams found that service of a copy of the automatically generated form that an applicant receives from the QBCC after lodgement of an adjudication application online is not a "copy of an adjudication application", within the meaning of s. 79(3) of the BIF Act (Qld). Other disputes were also resolved in the applicant’s favour, including whether the payment claim sufficiently described the construction work which was claimed.
Capital Options (Aust) Pty Ltd v Hazratwala [2023] FCA 1431, Beach J, 20 November 2023
Douglas Savage KC led Maxwell Walker in an application to dismiss an appeal against an interlocutory decision to discharge examination summonses. The appeal was successfully dismissed with costs.
McGee v Independent Assessor & Anor [2023] QCA 225, Bond and Dalton JJA and Cooper J, 17 November 2023
Douglas Savage KC and Philippa Ahern appeared for the successful appellant. The appeal principally concerned whether the referral of a disciplinary application for assessment was an abuse of process, given findings made in a prior disciplinary application.
Southport Memorial Club Inc v Returned and Services League of Australia (Queensland) Southport sub-branch Inc [2023] QCA 146, McMurdo and Bond and Dalton JJA, 25 July 2023
Philip Tucker and Mark Steele appeared for the respondent in this appeal, relating to the construction of a lease, and whether covenants in the lease were personal to the respondent. The appeal was dismissed with costs.
Couran Cove Resort Community Body Corporate v The Proprietors of Couran Cove Resort Broadwater Villas GTP 106807 [2023] QSC 133, 23 June 2023
Mark Steele KC led Alexander White on behalf of the Couran Cove Resort Community Body Corporate (CBC) in successfully resisting applications for stay or dismissal of proceedings. Those applications were brought by The Proprietors of Couran Cove Resort Broadwater Villas and The Proprietors of Couran Cove Resort Eco Lodges, who alleged that the CBC did not have authority to commence or continue the proceedings.
Body Corporate for Ocean Pacifique v Pugliese & Anor [2023] QCA 129, Flanagan, Boddice JJA and Kelly J, 16 June 2023
Andrew Crowe KC appeared with Michael Bland for the Respondent in this appeal. The central issue was the proper construction of a deed of settlement concerning water ingress between neighbouring properties controlled by Bodies Corporate. There is a useful discussion of the relevant authorities at paragraphs [18]-[21] and the application of the principles at [22]-[25]. The appeal was dismissed with costs.
Capital Options (Aust) Pty Ltd v Hazratwala, in the matter of Weststate Consortium (in liq) [2023] FCA 458, 15 May 2023
Maxwell Walker, led by Douglas Savage KC, appeared for examinees in an application to set aside summonses for examination under the Corporations Act. The summonses were set aside.
Body Corporate for Beachfront Towers v Ingram & Ors, Hindman J, 20 March 2023
Andrew Crowe KC appeared with Ian Erskine for the applicant plaintiff, the Body Corporate for Beachfront Towers. The BC had brought proceedings against a builder and project manager engaged by it in respect of alleged faulty building work. Recently it was ascertained that the builder was of no worth and had no relevant insurance. Two subcontractors to the builder had been joined as parties by the builder. The BC sought leave to seek relief against these subcontractors. Warranties as to the quality of the work provided by the subcontractors were provided to the builder. The BC sought to allege that the subcontractors each owed it a duty of care and also relied upon s. 55 PLA alleging that the contractual arrangement concerning warranties was for its benefit. The matter was complicated by limitation issues. The BC succeeded.
There is a useful discussion of the interaction between rules 69, 74 and 376 and how the limitations issues should be dealt with. One of the subcontractors has appealed with the appeal set down for hearing on 26 July 2023.