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Application by plaintiff for summary judgment granted on claim as monies owing under an agreement, on the basis of quantum meruit under s 43 Queensland Building Services Authority Act, or under s 19 Building and Construction Industry Payment Act; plaintiff did not, when it carried out the relevant work, hold the requisite contractor’s licence; the ultimate operation of the mechanism established by the BCIPA is not to be read as subject to a supervening qualification from s 42 QBSAA: de Jersey CJ
Appeal Determined (QCA)
[2006] QCA 538 [2007] 2 Qd R 13
15 Dec 2006
Allowing the appeal and dismissing summary judgment application with costs; at the time the application for summary judgment was made there was clearly a triable issue as to the respondent's entitlement to recover anything under the contract and s 19(4)(b)(ii) Building & Construction Industry Payment Act did not in the circumstances then existing preclude the appellant from relying on s 42 Building Act: Williams, Jerrard JJA and McMurdo J.
Appeal Status
Appeal Determined (QCA)
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