Ed Ahern Plumbing (Gold Coast) Pty Ltd v J M Kelly (Project Builders) Pty Ltd
[2007] QCA 452
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Application for summary judgment by defendant that depends on plaintiff's entitlement to a charge under the Subcontractors' Charges Act on money payable; that the notice to principal as served was valid, and proceeding was therefore not commenced within the time period in s 15(1)(b) and the charge is deemed to be extinguished pursuant to s 15(3): Mullins J.
Appeal dismissed with costs; concerning the validity of a notice of charge given under s 10(1)(a) Subcontractors' Charges Act; notice required by s 10(1)(b) could be sent as soon as the notice required by s 10(1)(a) has been sent: Keane, Holmes and Muir JJA.
Appeal Status
Appeal Determined (QCA)
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