Vis Constructions Ltd & Anor v Cockburn & Anor

[2006] QSC 416

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Adjudication decisions under security of payment legislation
4. › Jurisdictional error
5. › Whether construction contract existed between parties
6. › Whether adjudicator had jurisdiction
7. › Building and Construction Industry Payments Act 2004 (Qld), ss 12, 17, 26, Sch 2
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Fair hearing
5. › Adjudicator finding arrangement on basis not contended by either party
6. › Whether party denied opportunity to be heard
7. › Building and Construction Industry Payments Act 2004 (Qld), s 26
1. Building and Construction Law
2. › Security of payment
3. › Construction contract
4. › Definition of 'contract, agreement or other arrangement'
5. › Whether payment processing arrangement constitutes construction contract
6. › Whether party undertook to carry out construction work for another
7. › Building and Construction Industry Payments Act 2004 (Qld), Sch 2
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Exclusion of procedural fairness by statute
5. › Whether statutory scheme excludes general rules of natural justice on jurisdictional questions

Quick Take

An arrangement for a builder to process payments from an owner's loan facility on behalf of the owner does not constitute a 'construction contract' under the Building and Construction Industry Payments Act 2004 (Qld) where the builder had no obligation to perform the relevant work. A provisional sum in a building contract is not sufficient to establish that the builder undertook to carry out or procure the relevant construction work. An adjudicator who finds an 'arrangement' on a basis not contended for by either party, without giving the affected party an opportunity to be heard, commits a denial of procedural fairness rendering the decision void.