The policy of the Building and Construction Industry Payments Act 2004 (Qld) — that the risk of a builder's inability to refund monies paid under an adjudication determination is assigned to the paying party — applies only to valid adjudication decisions made within jurisdiction. Where there is a prima facie case of jurisdictional error, the policy does not apply in its full force and the balance of convenience is to be assessed on ordinary interlocutory injunction principles. This departs from the approach taken by Daubney J in Wiggins Island Coal Export Terminal v Sun Engineering [2014] QSC 170.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.