Multiplex Constructions v Abigroup Contractors Pty

[2004] QSC 198

SUPREME COURT OF QUEENSLAND

CITATION: 

Multiplex Constructions & Anor v Abigroup Contractors Pty
Ltd [2004] QSC 198

PARTIES: 

MULTIPLEX CONSTRUCTIONS PTY LTD
ABN 96 008 687 063
(first applicant)
and
WATPAC AUSTRALIA PTY LTD
ABN 71 010 462 816
(second applicant)
v
ABIGROUP CONTRACTORS PTY LTD
ABN 40 000 201 516
(respondent)

FILE NO: 

SC No 2909 of 2004

DIVISION: 

Trial

PROCEEDING: 

Application

ORIGINATING 
COURT: 

Supreme Court, Queensland

DELIVERED ON: 

25 June 2004

DELIVERED AT: 

Brisbane

HEARING DATE: 

11 June 2004

JUDGE: 

Chesterman J

ORDER: 

1.	That the charge be modified omitting the amount claimed in respect of acceleration
2.	That the parties draw up an order reflecting the reduction

CATCHWORDS: CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – SUBCONTRACTORS’ CHARGES ACT (Q) – where the first and second applicants were the managing contractors for a construction development – where the first and second applicants subcontracted a part of the development to the respondent – where the respondent lodged a charge over moneys payable to the first and second applicants with respect to the work performed by the respondent – where the first and second applicants are seeking orders modifying or cancelling the charge – whether the first and second applicants or the respondent bears the onus of establishing that the charge should be modified or cancelled – consideration of the appropriate test to be applied by the

Court in such an application
Re Jorss’ Caveat [1982] Qd R 458, considered
Re Burman’s Caveat [1994] 1 Qd R 123, considered
Gray v Morris [2004] QCA 5, considered
Rapid Contracting Pty Ltd (in liq.) v Multiplex Constructions
Pty Ltd (unreported, Supreme Court of Queensland,
Shepherdson J, 27 October 1998) BC9807786, followed
Multiplex Constructions Pty Ltd v Rapid Contracting Pty Ltd
(in liq.) (unreported, Supreme Court of Queensland Court of
Appeal, 13 August 1999) BC9904974, followed
Stucoid Pty Ltd v Stadiums Pty Ltd (1960) 107 CLR 521,
considered
Peter Turnbull & Co Pty Ltd v Mundus Trading Co
(Australasia) Pty Ltd (1954) 90 CLR 235, considered
Foran v Wight (1989) 168 CLR 385, considered
Subcontractors’ Charges Act 1974 (Qld), s 3B, s 5(6), s 10,
s 11, s 21
Real Property Act 1861 (Qld), s 99
Land Title Act 1994 (Qld), s 127

Contractors and Workmen’s Liens Act 1906 (Qld), s 9

COUNSEL:	Mr P H Morrison QC, with Mr P A Hastie, for the first and second applicants Mr J K Bond SC, with Mr R C Schulte, for the first respondent
SOLICITORS:	Minter Ellison for the first and second applicants Allens Arthur Robinson for the respondent

1. The applicants were partners in what was called the Lang Park Redevelopment Joint Venture (‘the joint venture’) the purpose of which was to design and build a football stadium in Brisbane on the site of the ground earlier known as Lang Park. The applicants contracted in May 2001 with the Department of Public Works (‘the Department’) for the construction of the stadium. In April 2002 the applicants made…