Bezzina Developers Pty Ltd v Deemah Stone (Qld) Pty Ltd
[2008] QCA 213
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Application 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 495
01 Aug 2008
Appeal 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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