Daysea P/L v Watpac Aust P/L

[2001] QCA 49

Queensland Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Building, engineering and related contracts
3. › Construction of particular contracts and implied conditions
4. › Progress payments
5. › Payment certificates under AS 4300-1995
6. › Whether Payment Certificate issued outside 14-day period is a nullity
7. › Construction of Clause 42.1 of AS 4300-1995
8. › Whether 'shall' in Clause 42.1 connotes mandatory requirement
1. Practice and Procedure
2. › Inferior courts
3. › District Courts
4. › Civil jurisdiction
5. › Appeal from Queensland Building Tribunal
6. › Whether District Court may exercise supervisory jurisdiction over Tribunal
7. › Whether District Court may stay Tribunal proceedings not the subject of a stay application before the Tribunal
8. › Queensland Building Services Authority Act 1991 (Qld), s 95

Quick Take

Under Clause 42.1 of AS 4300-1995, a Payment Certificate issued by the Principal's Representative outside the 14-day period is a nullity, and the Principal must pay the full amount of the Contractor's progress claim. The word 'shall' in Clause 42.1 paragraph [4] is mandatory, and strict compliance is required because of the serious consequences flowing from a Payment Certificate. A District Court hearing an appeal from the Queensland Building Tribunal cannot exercise a supervisory jurisdiction to stay Tribunal proceedings that were not the subject of a stay application before the Tribunal.