Shamrock Civil Engineering Pty Ltd v Cleanaway Solid Waste Pty Ltd

[2025] QCA 178

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Construction and interpretation
3. › Indemnity clauses
4. › Meaning of 'arising out of or in the course of or by reason of the execution of the Works'
5. › Whether mere coincidence of time and place sufficient
6. › Whether causal or other nexus required between damage and execution of works
1. Practice and Procedure
2. › Summary judgment
3. › Defendant's application for summary judgment on counterclaim
4. › Whether respondent has no real prospect of succeeding
5. › Whether there is a need for a trial
6. › Residual discretion to refuse summary judgment
7. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Appeal
2. › General principles
3. › Questions not raised in argument below
4. › Whether respondent may advance new contentions on appeal
5. › Whether further opportunity to amend pleadings should be permitted

Quick Take

An indemnity clause requiring damage to arise 'in the course of the execution of the Works' requires a sufficient association between the damage and the execution of the works beyond mere coincidence of time and place; the damage must have some connection with the activity of performance of the works, not merely occur at the site during the contract period.