Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Anor

[2012] QCA 276

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Grounds of review
4. › Jurisdictional error
5. › Jurisdictional fact
6. › Whether incorrect determination of extent and quantum of construction work under a construction contract was jurisdictional error
7. › Building and Construction Industry Payments Act 2004 (Qld), ss 10, 11, 26
1. Building and Construction
2. › Security of payment legislation
3. › Construction contracts
4. › Meaning of 'construction work'
5. › Whether dam and drain construction at coal mine sites was 'construction work'
6. › Whether clearing, grubbing and topsoil stripping was 'construction work'
7. › Building and Construction Industry Payments Act 2004 (Qld), s 10(1)
1. Building and Construction
2. › Security of payment legislation
3. › Construction contracts
4. › Exclusion for mineral extraction
5. › Whether ancillary mining works fell within exclusion for 'extraction of minerals'
6. › Meaning of 'extraction, whether by underground or surface working, of minerals'
7. › Building and Construction Industry Payments Act 2004 (Qld), s 10(3)(b)
1. Building and Construction
2. › Security of payment legislation
3. › Related goods and services
4. › Dry hire of plant and equipment
5. › Whether excavators hired for use partly in connection with construction work were 'related goods and services'
6. › Building and Construction Industry Payments Act 2004 (Qld), s 11(1)(a)(ii)

Quick Take

The construction of dams, drains and water management infrastructure at open pit mine sites constitutes 'construction work' under the Building and Construction Industry Payments Act 2004 (Qld) and is not excluded by the mineral extraction exception in s 10(3)(b). An open pit mine itself constitutes 'works forming, or to form, part of land' within s 10(1)(b). An adjudicator's incorrect determination of the extent and quantum of construction work under a construction contract is not a jurisdictional fact, and errors in that determination do not invalidate the adjudication decision.