Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA) Pty Ltd

Minimax Fire Fighting Systems Pty Ltd brought an application to the Supreme Court of Queensland, seeking to overturn an adjudicator's decision in a building engineering dispute. The applicant, Minimax, had been invoiced by Bremore Engineering (WA) Pty Ltd for work completed. Minimax responded by email, refusing to accept the invoice and suggesting a meeting to discuss the claim. Bremore then applied for adjudication under section 21 of the Building and Construction Industry Payments Act 2004 (Qld), with an adjudicator appointed. Minimax argued that the adjudicator's appointment was invalid as they had issued a payment schedule to Bremore, as defined under the Act. The dispute centred on whether Minimax's email constituted a payment schedule under section 18 of the Act and if Minimax should have been given the opportunity to make submissions regarding the nature of the email.

The court considered the procedural fairness of the adjudication process and the interpretation of the statutory provisions. The central issue was whether Minimax's email to Bremore constituted a payment schedule under section 18 of the Act, which would have precluded the appointment of an adjudicator. Additionally, the court examined whether the adjudicator should have granted Minimax an opportunity to make submissions on the nature of the email before proceeding. The court also evaluated the applicability of the Judicial Review Act 1991 (Qld) to the applicant's appeal, specifically whether the available review mechanisms under the Building and Construction Industry Payments Act 2004 (Qld) precluded the court from exercising its jurisdiction under sections 13 and 48.

The court found that Minimax's email did not constitute a payment schedule under the Act, and therefore, the adjudicator's appointment was valid. The court further held that Minimax was not entitled to an opportunity to make submissions regarding the nature of the email, as the adjudicator had acted within their powers. In addition, the court determined that the mechanisms available to Minimax under the Building and Construction Industry Payments Act 2004 (Qld) precluded the exercise of the court's jurisdiction under sections 13 and 48 of the Judicial Review Act 1991 (Qld). Consequently, the application for judicial review was dismissed, and the adjudicator's decision was upheld.