Build Crew Pty Ltd v Edgewood Builders Pty Ltd - [2025] QMC 30

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Build Crew Pty Ltd v Edgewood Builders Pty Ltd [2025] QMC 30

PARTIES:

Build Crew Pty Ltd

(Plaintiff)

v

Edgewood Builders Pty Ltd

(Defendant)

FILE NO/S:

M85085/24

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

13/11/25

DELIVERED AT:

Brisbane Magistrates Court

HEARING DATE:

18/07/2025

MAGISTRATE:

Pinder

ORDER:

1)   THE PLAINTIFF’S APPLICATION IS DISMISSED.

2)    THAT IN THE EVENT PARTIES CANNOT AGREE COSTS, THEY ARE TO FILE AND SERVE WRITTEN SUBMISSIONS (TO BE NO MORE THAN 3 TYPED A4 PAGES) AS FOLLOWS

A)   THE DEFENDANT WITHIN 14 DAYS

B)   THE PLAINTIFF WITH 28 DAYS

CATCHWORDS:

CIVIL PROCEDURE – APPLICATION TO STRIKE OUT PARTICULARS – PLEADINGS (DEFENCE) – PLEADINGS GENERALLY – GIVING OF PARTICULARS

Uniform Civil Procedure Rules 1999 (Qld) r 149, r 150, r 157, r 160, and r 171.

COUNSEL:

Ms E Flac (solicitor) for the plaintiff

Mr A Fitzsimons for defendant

SOLICITORS:

Celtic Legal for the plaintiff

RS Chase Lawyers for the defendant

INTRODUCTION

The plaintiff has commenced proceedings claiming monies owed under a contract for the provision of carpentry services to the defendant.

The claim is defended on the basis that the defendant alleges that the plaintiff is in breach of the agreement as the services and works provided did not meet the agreed standard and were defective.

THE PLAINTIFF’S APLICATION

The plaintiff has applied for the following orders:

1) Pursuant to r 171 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), paragraphs 2, 3, 4, 5, 6, 7, 8, 9, and 10 of the defence to be struck out.

2) The defendant pay the plaintiff’s costs of and incidental to this application on an indemnity basis.

The application is opposed by the defendant.

THE PARTIES’ MATERIAL

The plaintiff’s material is

- Application filed 9 May 2025

- Affidavit of Ms Emily Flac filed 9 May 2025

- Affidavit of Ms Emily Flac filed 11 June 2025

- Affidavit of Ms Emily Flac sworn 4 July 2025 and filed by leave 18 July 2025

- Statement of claim filed 2 December 2024

- Defence filed 12 March 2025

The defendant’s material is

- Statement of claim filed 2 December 2024

- Defence filed 12 March 2025

Conveniently, both the plaintiff’s solicitor and the defendant’s counsel have provided written outlines of submissions.

STRIKE OUT APPLICATION

The plaintiff applies to effectively strike out the entirety of the defence.

The only paragraph in the defence not subject to challenge on the strike out application is paragraph 1, where the defendant admits the plaintiff was a company incorporated according to law and capable of suing.

The application is brought pursuant to r 171 of the UCPR.

Rule 171 UCPR provides

1) This rule applies if a pleading or part of a pleading –

a)Discloses no reasonable cause of action or defence; or
b)Has a tendency to prejudice or delay a fair trial of the proceeding; or
c)Is unnecessary or scandalous; or
d)Is frivolous or vexatious; or
e)Is otherwise an abuse of the process…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] QMC 30
Decision Date: 13/11/25

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Build Crew Pty Ltd initiated proceedings against Edgewood Builders Pty Ltd. The plaintiff, Build Crew, claimed that Edgewood had breached a construction contract by failing to pay for services rendered. Edgewood denied the allegations and sought particulars of the claims, leading to Build Crew's application to strike out the defence. The court was required to determine whether the defence was valid and if Build Crew's application was justified.

The court considered the nature of the pleadings and whether the defence required further particulars. It noted that the defence was not vague or uncertain and that the plaintiff's application to strike out was premature. The court found that the defence contained sufficient information for the plaintiff to respond and that the plaintiff's request for particulars was an attempt to delay the proceedings.

Consequently, the court dismissed Build Crew's application and ordered the parties to attempt to agree on costs. If the parties could not agree, they were to submit written submissions regarding costs, with the defendant having until 14 days to submit their submissions and the plaintiff until 28 days. The court emphasised the importance of avoiding unnecessary delays in litigation and the need for parties to provide adequate information in their pleadings.

Orders

Orders of the court

1) THE PLAINTIFF’S APPLICATION IS DISMISSED.

2) THAT IN THE EVENT PARTIES CANNOT AGREE COSTS, THEY ARE TO FILE AND SERVE WRITTEN SUBMISSIONS (TO BE NO MORE THAN 3 TYPED A4 PAGES) AS FOLLOWS

A) THE DEFENDANT WITHIN 14 DAYS

B) THE PLAINTIFF WITH 28 DAYS

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Build Crew Pty Ltd v Edgewood Builders Pty Ltd [2025] QMC 30
PARTIES:	Build Crew Pty Ltd (Plaintiff) v Edgewood Builders Pty Ltd (Defendant)
FILE NO/S:	M85085/24
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	Brisbane
DELIVERED ON:	13/11/25
DELIVERED AT:	Brisbane Magistrates Court
HEARING DATE:	18/07/2025
MAGISTRATE:	Pinder
ORDER:	1) THE PLAINTIFF’S APPLICATION IS DISMISSED. 2) THAT IN THE EVENT PARTIES CANNOT AGREE COSTS, THEY ARE TO FILE AND SERVE WRITTEN SUBMISSIONS (TO BE NO MORE THAN 3 TYPED A4 PAGES) AS FOLLOWS A) THE DEFENDANT WITHIN 14 DAYS B) THE PLAINTIFF WITH 28 DAYS
CATCHWORDS:	CIVIL PROCEDURE – APPLICATION TO STRIKE OUT PARTICULARS – PLEADINGS (DEFENCE) – PLEADINGS GENERALLY – GIVING OF PARTICULARS Uniform Civil Procedure Rules 1999 (Qld) r 149, r 150, r 157, r 160, and r 171.
COUNSEL:	Ms E Flac (solicitor) for the plaintiff Mr A Fitzsimons for defendant
SOLICITORS:	Celtic Legal for the plaintiff RS Chase Lawyers for the defendant