Baxbex Pty Ltd v Bickle

[2009] QSC 194

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Building, engineering and related contracts
3. › Remuneration
4. › Statutory regulation of entitlement to and recovery of progress payments
5. › Payment claim
6. › Whether payment claim identified construction work or related goods and services
7. › Whether schedule listing only invoice numbers and amounts without attaching invoices satisfied s 17(2)(a)
8. › Building and Construction Industry Payments Act 2004 (Qld), ss 7, 10, 11, 12, 17, 18, 19
1. Contract
2. › Building, engineering and related contracts
3. › Remuneration
4. › Statutory regulation of entitlement to and recovery of progress payments
5. › Entitlement to progress payment
6. › Whether claims for administration and supervisory costs constitute construction work or related goods and services
7. › Whether question properly a matter for adjudication
8. › Building and Construction Industry Payments Act 2004 (Qld), ss 10, 11, 12, 17

Quick Take

A payment claim under s 17(2)(a) of the BCIPA must identify the construction work or related goods and services on its face; a schedule listing only invoice numbers, dates and amounts, without attaching the invoices or describing the work, is insufficient. Whether claims for 'administration' and 'supervisory costs' fall within the BCIPA definitions of 'construction work' or 'related goods and services' is properly a matter for adjudication, not for the court on an application under s 19.