Mansouri & Anor v Aquamist P/L

[2010] QCA 209

Queensland Court of Appeal

Built by Barristers,
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. › Whether existence of construction contract between claimant and respondent is prerequisite for recovery
6. › Whether 'may be liable' in s 17(1) dispenses with requirement of construction contract
7. › Building and Construction Industry Payments Act 2004 (Qld), ss 7, 8, 12, 17(1), 18, 19(2)(a)(i)
1. Practice and Procedure
2. › Summary judgment
3. › Whether summary judgment appropriate where material factual disputes on affidavit evidence
4. › Identity of parties to construction contract in dispute

Quick Take

A claimant seeking to recover a progress payment under s 19(2)(a)(i) of BCIPA must prove the existence of a construction contract between the claimant and the person sued as respondent. The expression 'may be liable' in s 17(1) does not dispense with this requirement. Land ownership alone is insufficient to establish that a person is a respondent under the Act.