Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd

Lean Field Developments Pty Ltd (the applicant) sought a declaration that an adjudication decision was void by reason of jurisdictional error in a dispute with E & I Global Solutions (Aust) Pty Ltd (the first respondent). The dispute centred on the interpretation and application of the Building and Construction Industry Payments Act 2004 (Qld) concerning the entitlement to progress payments. The applicant argued that no reference date accrued as required by the Act because the contract stipulated a draft payment claim had to be submitted before a payment claim could be made. The applicant also contended that the first respondent had waived its right to require a draft payment claim, or alternatively, was estopped from relying on the clause requiring a draft payment claim.

The court had to determine whether the accrual of a reference date could be made conditional upon the submission of a draft payment claim. It also needed to consider whether a contractual condition that prevents a statutory entitlement from accruing is rendered ineffective by section 99 of the Act. Additionally, the court examined whether the applicant had waived its right to require a draft payment claim and whether the first respondent was estopped from relying on the clause requiring a draft payment claim.

The court dismissed the application, finding that the applicant had not demonstrated any jurisdictional error in the adjudication decision. The court held that the accrual of a reference date could be made conditional upon the submission of a draft payment claim. Furthermore, the court ruled that the requirement for a draft payment claim was not rendered ineffective by section 99 of the Act. The court also found that the applicant had not waived its right to require a draft payment claim, and the first respondent was not estopped from relying on the clause requiring a draft payment claim. The application was dismissed, and the applicant was ordered to pay the first respondent’s costs of and incidental to the application.