Intero Hospitality Projects Pty Ltd v Empire Interior (Australia) Pty Ltd

The applicant, Intero Hospitality Projects Pty Ltd, appealed against a decision of the primary judge who dismissed an application for a statutory order of review of a decision made by an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld). The dispute between the parties centred around which document formed the basis of their agreement, with the adjudicator finding that an earlier agreement was in force as the later subcontract was signed under duress. The primary judge dismissed the applicant's application for judicial review, and the applicant sought leave to appeal to the court.

The legal issues before the court were whether the applicant's application for leave to appeal should be dismissed, and whether the adjudicator was capable of maintaining a finding of common law duress. The court considered the nature of the appeal process under the Judicial Review Act 1991 (Qld), and whether there were other avenues for review available to the applicant. The court also examined the scope of the adjudicator's powers under the Building and Construction Industry Payments Act 2004 (Qld).

The court found that the applicant's application for leave to appeal should be dismissed as it would be inappropriate to grant the application under section 48 of the Judicial Review Act 1991 (Qld). The court held that the adjudicator was capable of maintaining a finding of common law duress, and that the primary judge's decision was not an error of law. The court further held that the adjudicator's decision was not reviewable under section 13(b) of the Judicial Review Act 1991 (Qld), as there was another avenue for review available to the applicant under section 100 of the Building and Construction Industry Payments Act 2004 (Qld). The application for leave to appeal was therefore dismissed with costs.