SUPREME COURT OF QUEENSLAND
CITATION:
Karam Group Pty Ltd v Earthmoving Contractors Pty Ltd & Ors [2021] QSC 10
PARTIES:
KARAM GROUP PTY LTD
(Applicant)
v
EARTHMOVING CONTRACTORS PTY LTD(First Respondent)
and
CHERIDEN FARTHING
(Second Respondent)and
PAUL JASON HICK
(Third Respondent)FILE NO/S:
BS 482 of 2021
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
9 February 2021
DELIVERED AT:
Brisbane
HEARING DATE:
28 January 2021
JUDGE:
Brown J
ORDER:
The order of the Court is that:
1. The Applicant file and serve its outline of argument, including grounds of review, save in respect of any fraud allegations, in respect of which it must file and serve a statement of facts and contentions relied upon by 4pm on 22 February 2021.
2. The Applicant is to file and serve any affidavit material on which it intends to rely by 4pm on 22 February 2021.
3. The First Respondent is to file its outline of argument and any response to any statement of facts and contention by 4pm on 22 March 2021.
4. The First Respondent is to file and serve any affidavit material on which it intends to rely by 4pm on 22 March 2021.
5. That the matter be listed for further directions in the week of 22 March 2021 in the applications list on a date agreed between the parties.
6. That the applications of the Applicant and the First Respondent otherwise be dismissed.
CATCHWORDS:
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS - where the Applicant applies for interlocutory injunctive relief restraining enforcement of an adjudication decision; where the Applicant proposes that an amount of an adjudication decision be paid into court which includes amount paid in respect of sub-contractor’s charges; where the Applicant seeks orders for restraint from filing an adjudication certificate in respect of adjudication decision - whether an injunction should be granted; whether there is a prima facie case; whether the applicant is entitled to the final relief sought; whether the balance of convenience favours the making of the interim orders
Building Industry Fairness (Security of Payments) Act 2017 (Qld)
Building and Construction Industry Payments Act 2004 (Qld)Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57
Minister for Commerce v Contrax Plumbing & Anor [2004] NSWSC 823
Hansen Yuncken v Ericson t/a Flea’s Concreting [2011] QSC 327
All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289
Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010)78 NSWLR 393
Southern Ham Breakfast Pty Ltd (in liq) v Lewence Construction Pty Ltd (2016) 340 ALR 193
Mc Nab Developments (Qld ) Pty ltd v MAK Construction Services Pty Ltd [2013] QSC 293
FK Gardner & Sons Pty Ltd v Dimin Pty Ltd [2006] QSC 243
Kirk v The Industrial Court of New South Wales (2010) 239 CLR 539
Perrinepod Pty Ltd Georgiou Building Pty Ltd [2011] WASCA 217
Probuild Constructions (Aust) Pty Ltd v Shade Systems…
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- Case
- [2021] QSC 10
- Decision Date
CaseChat Overview and Summary
The Court considered the relevant factors for granting an interlocutory injunction. These included whether the Applicant had a prima facie case, whether the balance of convenience favoured the making of the interim orders, and whether the Applicant was likely to be entitled to the final relief sought. The Court found that while the Applicant had established a prima facie case, it was not satisfied that the balance of convenience favoured the making of the interim orders. The Court also found that the Applicant was not entitled to the final relief sought, as it had not demonstrated that it would succeed at trial. The Court therefore dismissed the Applicant's applications. However, it ordered that the Applicant file and serve its outline of argument and affidavit material by certain dates, and that the matter be listed for further directions. The First Respondent was also ordered to file its outline of argument and affidavit material by certain dates.
Orders
Orders of the court
The order of the Court is that:
1. The Applicant file and serve its outline of argument, including grounds of review, save in respect of any fraud allegations, in respect of which it must file and serve a statement of facts and contentions relied upon by 4pm on 22 February 2021.
2. The Applicant is to file and serve any affidavit material on which it intends to rely by 4pm on 22 February 2021.
3. The First Respondent is to file its outline of argument and any response to any statement of facts and contention by 4pm on 22 March 2021.
4. The First Respondent is to file and serve any affidavit material on which it intends to rely by 4pm on 22 March 2021.
5. That the matter be listed for further directions in the week of 22 March 2021 in the applications list on a date agreed between the parties.
6. That the applications of the Applicant and the First Respondent otherwise be dismissed.
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.