BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors (No 2)

[2013] QSC 67

Supreme Court of Queensland

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs and orders
3. › Certiorari and declaratory relief
4. › Discretion to withhold relief
5. › Jurisdictional error affecting identifiable part of decision
6. › Whether more convenient and satisfactory remedy available
7. › Whether decision should be declared void or relief declined on conditions
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Effect of jurisdictional error on administrative decisions
5. › Whether decision void ab initio or void only when declared so by court
6. › Operational effect of decisions affected by jurisdictional error
1. Contracts
2. › Building, engineering and related contracts
3. › Statutory regulation of entitlement to progress payments
4. › Adjudication decisions under security of payment legislation
5. › Jurisdictional error in adjudication
6. › Whether adjudication decision should be declared void where error affected identifiable component
7. › Building and Construction Industry Payments Act 2004 (Qld), s 25(3)
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › Partial success on multiple grounds
5. › Whether successful party should be deprived of costs for failing on some issues
6. › Uniform Civil Procedure Rules 1999 (Qld), r 681

Quick Take

Where jurisdictional error in an adjudication decision under the Building and Construction Industry Payments Act 2004 (Qld) affects an identifiable and relatively small component of the adjudicated amount and does not taint the whole decision-making process, the Court may decline to declare the decision void on condition that the claimant repay the affected amount with interest and GST, rather than voiding the entire decision. The appropriate rate of interest on such repayment is the commercial rate supported by evidence, not the default judgment rate.