Ooralea Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd & Anor

This case involved an application seeking a declaration that an adjudication made under BCIPA was void for jurisdictional error. The main argument was that the contractor was not licensed under the Queensland Building Services Authority Act to perform the “building work” in respect of which it claimed payment and, therefore, it had no entitlement to payment under the contract into which it had entered and pursuant to which it purportedly performed the work. The alleged “building work” was the construction of stormwater, sewerage and water pipe works. If that work was “building work” within the meaning of the QBSA Act it would follow that the contractor was not entitled to any monetary consideration for its performance. Daubney J considers at length the meaning of the expression “building work” and its extended definition in the QBSA Act as including “any fixed structure” and, in particular, noted that a structure did not have to be a building but was anything that was constructed. His Honour concluded that stormwater drains, sewer and water reticulation piping would fall within the definition of a “fixed structure”. In the result the work done by the contractor was “building work” within the QBSA Act. His Honour also considered that a “road” constructed on private property would also constitute a “fixed structure” within the meaning of the QBSA Act. As a result the adjudicator did not have jurisdiction to make the award that was made and it was set aside.