Intero Hospitality Projects P/L v Empire Interior (Australia) P/L & Anor

[2007] QSC 220

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Reviewable decisions and conduct
4. › Existence of other review or appeal rights
5. › Whether provision made by another law for review by another court
6. › Whether application should be dismissed in interests of justice
7. › Judicial Review Act 1991 (Qld), s 13(b)
1. Administrative Law
2. › Judicial review
3. › Building and construction adjudication
4. › Nature of adjudication as interim summary process
5. › Whether adjudication procedures apt for determination of complex factual and legal issues
6. › Building and Construction Industry Payments Act 2004 (Qld), ss 25, 26, 100
1. Contract
2. › Building, engineering and related contracts
3. › Identification of governing contractual document
4. › Whether earlier purchase order or later formal subcontract applied
5. › Whether subcontract signed under duress
6. › Whether adjudication procedures apt for determination of duress

Quick Take

Section 100 of the Building and Construction Industry Payments Act 2004 (Qld) constitutes a provision within s 13(b) of the Judicial Review Act 1991 (Qld), such that judicial review of an adjudicator's decision may be dismissed where the interests of justice favour resolution through subsequent court proceedings. The adjudication procedures under s 25 of the Act are not apt for the determination of complex factual and legal issues such as whether a contract is voidable for duress.