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Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd[2008] QCA 213

Reported at [2008] 2 Qd R 495

Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd[2008] QCA 213

Reported at [2008] 2 Qd R 495
CITATION: Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd [2008] QCA 213
JUDGE(S): McMurdo P, Keane JA, Fraser JA
DELIVERED ON: 01 August 2008
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Editorial Notes

  • Published Case Name:

    Bezzina Developers P/L v Deemah Stone (Qld) P/L & Ors

  • Shortened Case Name:

    Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd

  • Reported Citation:

    [2008] 2 Qd R 495

  • MNC:

    [2008] QCA 213

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Keane JA, Fraser JA

  • Date:

    01 Aug 2008

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 28608 Oct 2007Application for judicial review of decision of adjudicator of value of work done under construction contract under Building and Construction Industry Payments Act; second adjudicator had been informed of first adjudication application and, in taking into account the provisions of the Act pursuant to s. 26(2)(a), had the power to ask for further written submissions from either party under s 25(4)(a) to deal with potential duty to apply s 27; failure to apply s 27: Douglas J.
Appeal Determined (QCA)[2008] QCA 213 [2008] 2 Qd R 49501 Aug 2008Appeal allowed ordering application for order of review and other relief be dismissed with costs; appeal against successful JR application against adjudication of progress payments under BCIPA; primary judge erred by concluding that the second respondent erred in law in failing to take into account the first adjudication decision; neither error of law or jurisdictional error: McMurdo P, Keane and Fraser JJA.

Appeal Status

Appeal Determined (QCA)

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