Multiplex Constructions Pty Ltd v Rapid Contracting Pty Ltd (in liq) - [1999] QCA 306

IN THE COURT OF APPEAL [1999] QCA 306
SUPREME COURT OF QUEENSLAND

Appeal No 10856 of 1998

Brisbane
[Multiplex Const P/L v Rapid Contracting P/L (In Liq)]
BETWEEN:
MULTIPLEX CONSTRUCTIONS PTY LTD
ACN 008 687 063

(First Defendant) Appellant

AND:
RAPID CONTRACTING PTY LTD (IN LIQUIDATION)
ACN 061 984 870

(Plaintiff) Respondent

PERPETUAL TRUSTEES VICTORIA LIMITED
ACN 004 027 258
(Second Defendant)
de Jersey CJ
Davies JA
Thomas JA

Judgment delivered 6 August 1999
Joint reasons for judgment of de Jersey CJ and Davies JA; separate reasons of Thomas JA concurring as to the orders made.
APPEAL ALLOWED. ORDER THAT:
1.          THE CLAIM OF CHARGE DATED 10 SEPTEMBER 1997 BE CANCELLED.
2.          THE SUM OF $249,984.51 PAID INTO COURT BY THE SECOND DEFENDANT BE PAID OUT TO THE APPELLANT.
3.          THE PARTIES SHOULD MAKE ANY FURTHER SUBMISSIONS ON COSTS WITHIN 48 HOURS AND THE COURT'S ORDER IN RELATION TO COSTS HERE AND BELOW IS TO BE PUBLISHED BY THE REGISTRAR.
CHARGES ACT (Q)
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION
The respondent, an unlicensed subcontractor, made a claim of charge pursuant to s 10 Subcontractors' Charges Act 1974 - appellant made application to Supreme Court for cancellation of charge pursuant to s 21 - whether respondent carried out "building work" within meaning of Queensland Building Services Authority Act 1991 - whether appropriate class of licence for respondent to hold - whether payment should be made on basis of quantum meruit or estoppel.
Zullo Enterprises Pty Ltd & Ors v Sutton (CA No 8045 of 1998, 15

December 1998), followed

Queensland Building Services Authority Act 1991, s 4, s 42
Subcontractors' Charges Act 1974, s 5(2), s 21

Counsel: Mr P A Keane QC, with him Mr P A Hastie, for the appellant
Mr T Matthews for the respondent

Solicitors:

Bickford Feehely for the appellant Bennett & Philp for the respondent
Hearing Date: 21 July 1999
IN THE COURT OF APPEAL
SUPREME COURT OF QUEENSLAND

Appeal No 10856 of 1998

Brisbane

Before de Jersey CJ
Davies JA
Thomas JA
[Multiplex Const P/L v Rapid Contracting P/L (In Liq)]
BETWEEN:
MULTIPLEX CONSTRUCTIONS PTY LTD
ACN 008 687 063

(First Defendant) Appellant

AND:
RAPID CONTRACTING PTY LTD (IN LIQUIDATION)
ACN 061 984 870

(Plaintiff) Respondent

PERPETUAL TRUSTEES VICTORIA LIMITED
ACN 004 027 258
(Second Defendant)

JOINT REASONS FOR JUDGMENT - de JERSEY CJ and DAVIES JA

Judgment delivered 6 August 1999

1 The appellant is a building contractor. By agreement dated 13 May 1996 it agreed to build

for Perpetual Trustees Victoria Limited a building in Cairns described as Cairns Central. By a
subcontract agreement dated 14 August 1996 it engaged the respondent to perform work pursuant
to the agreement, described as "fabrication & erection of precast concrete" for the sum of $1.22M.
The respondent had been engaged in performing pre-cast concrete panel work since 1993.
2 By notice dated 10 September 1997 the respondent gave notice to the appellant of having

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1999] QCA 306
Decision Date: 6/08/1999

CaseChat Overview and Summary

The appeal in Multiplex Constructions Pty Ltd v Rapid Contracting Pty Ltd (in liq) was heard before de Jersey CJ, Davies JA, and Thomas JA in the Supreme Court of Queensland. The primary dispute centred around a claim of charge made by Rapid Contracting Pty Ltd, an unlicensed subcontractor, against Perpetual Trustees Victoria Limited. Multiplex Constructions Pty Ltd, the building contractor, sought to cancel the claim of charge and recover the amount paid into court by the second defendant. The central legal issues revolved around whether the work performed by Rapid Contracting constituted "building work" under the Queensland Building Services Authority Act 1991, and if an appropriate class of licence was required for Rapid Contracting to hold. Additionally, the court had to decide whether payment should be made on the basis of quantum meruit or estoppel.

The Court of Appeal found that the work performed by Rapid Contracting, specifically the fabrication and erection of precast concrete panels, constituted "building work" as defined by the Queensland Building Services Authority Act. The Court rejected the argument that an appropriate class of licence was necessary, determining that a concreting licence was indeed appropriate for the work in question. The Court further held that Rapid Contracting, having performed unlicensed building work, was not entitled to any monetary consideration, thus invalidating the claim of charge. The Court also dismissed arguments based on quantum meruit and estoppel, finding them inapplicable under the circumstances. Consequently, the appeal was allowed, the claim of charge was cancelled, and the sum of $249,984.51 was ordered to be paid out to Multiplex Constructions Pty Ltd with any accretions. Additionally, the Court ordered that Rapid Contracting pay Multiplex Constructions Pty Ltd's costs of the appeal and the application below.

Orders