Peekhrst P/L v Wallace & Anor

[2007] QSC 159

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 determination under building and construction payment legislation
4. › Whether proper acceptance of appointment of adjudicator through agent
5. › Whether adjudication application properly served
6. › Whether adjudicator satisfied himself of service
7. › Whether adjudicator biased
8. › Building and Construction Industry Payments Act 2004 (Qld), ss 23, 103
1. Corporations
2. › Statutory demand
3. › Application to set aside statutory demand
4. › Judgment debt obtained under building and construction payment legislation
5. › Whether abuse of process
6. › Whether substantial injustice
7. › Where applicant had not pursued statutory remedies to set aside judgment or commence civil proceedings
8. › Corporations Act 2001 (Cth), s 459J(1)(b)
9. › Building and Construction Industry Payments Act 2004 (Qld), ss 31(4), 100

Quick Take

An adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) may validly accept appointment through an agent, including an employee of the authorised nominating authority. A statutory demand based on a judgment debt obtained under the Act is not an abuse of process where the respondent has not pursued available statutory remedies to set aside the judgment or commence civil proceedings, and has delayed in identifying and quantifying alleged defects.