Matrix Projects (Qld) Pty Ltd v Luscombe

[2013] QSC 4

SUPREME COURT OF QUEENSLAND

CITATION:

Matrix Projects (Qld) Pty Ltd v Luscombe [2013] QSC 4

PARTIES:

MATRIX PROJECTS (QLD) PTY LTD
ACN 089 633 607 trading as MATRIX HOMES

(Applicant)

v

TONY JASON LUSCOMBE trading as LUSCOMBE BUILDERS

(First Respondent)

and

ADJUDICATE TODAY PTY LTD
ACN 109 605 021

(Second Respondent)

and

PHILIP DAVENPORT

(Third Respondent)

FILE NO/S:

BS 11920 of 2012

DIVISION:

Trial Division

PROCEEDING:

Originating application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

6 February 2013

DELIVERED AT:

Brisbane

HEARING DATE:

31 January 2013

JUDGE:

Douglas J

ORDER:

Order that the first respondent be restrained from seeking an adjudication certificate. 

Further submissions sought as to the form of the order and costs

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW –
GROUNDS OF REVIEW – JURISDICTIONAL MATTERS
– where decision made by adjudicator under the Building and
Construction Industry Payments Act 2004 (Qld) – whether the adjudicator had jurisdiction to determine the adjudication
application – whether the claim was in respect of one contract or arrangement for the carrying out of construction work  – whether the adjudicator had performed his duty of assessing the value of the construction work – whether the adjudicator had accorded natural justice in respect of his assessment of the value of the construction work – whether the adjudicator’s errors went to his jurisdiction under the Act

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – whether the adjudicator had jurisdiction to determine the adjudication
application – whether the claim was in respect of one contract or arrangement for the carrying out of construction work  – whether the adjudicator had performed his duty of assessing the value of the construction work – whether the adjudicator had accorded natural justice in respect of his assessment of the value of the construction work – whether the adjudicator’s errors went to his jurisdiction under the Act

Building and Construction Industry Payments Act 2004 (Qld) s 12, s 13, s 17, s 26, Schedule 2 definition of “construction contract”

B M Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd [2012] QSC 346 applied
HM Hire Pty Ltd v National Plant and Equipment Pty Ltd [2013] QCA 6 referred
John Holland Pty Ltd v TAC Pacific Pty Ltd [2010] 1 Qd R 302 referred
Machkevitch v Andrew Building Constructions [2012] NSWSC 546 referred
Quasar Constructions NSW Pty Ltd v Demtech Pty Ltd [2004] NSWSC 116 referred
Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6 referred
Thiess Pty Ltd v Warren Bros Earthmoving Pty Ltd [2012] QCA 276 referred

COUNSEL:

M H Hindman for the applicant
D C Kissane for the first respondent
No appearances for the second and third respondents

SOLICITORS:

Mills Oakley Lawyers for the applicant
Gadens Lawyers for the first respondent
No appearances for the second and third respondents

1. The adjudicator in this claim made under the Building and Construction Industry Payments Act 2004 (Qld) is the…