York Property Holdings Pty Ltd v Tomkins Commercial & Industrial Builders Pty Ltd

[2025] QCA 39

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Injunctions
3. › Interlocutory injunctions
4. › Injunction pending appeal
5. › Serious question to be tried
6. › Balance of convenience
7. › Whether balance of convenience favoured restraint of payment pending appeal
8. › Building Industry Fairness (Security of Payment) Act 2017 (Qld)
1. Building and Construction Law
2. › Security of payment legislation
3. › Adjudication decisions
4. › Judicial review for jurisdictional error
5. › Interaction between contractual 'take out' clause and statutory right to progress payment
6. › Whether contractual suspension of payment rights constitutes contracting out of the Act
7. › Building Industry Fairness (Security of Payment) Act 2017 (Qld), ss 88(2)(d), 100B, 200
1. Building and Construction Law
2. › Security of payment legislation
3. › Adjudication decisions
4. › Jurisdictional error
5. › Whether adjudicator's application of s 200 to refuse to give effect to contractual clause constituted jurisdictional error
6. › Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 200
1. Building and Construction Law
2. › Security of payment legislation
3. › Escrow deeds
4. › Risk allocation
5. › Whether escrow clause providing for payment 'notwithstanding any application to overturn' is decisive on balance of convenience

Quick Take

An escrow deed clause providing for payment of an adjudicated amount 'notwithstanding any application to overturn' is a relevant but not overwhelming consideration on the balance of convenience when interim injunctive relief is sought pending appeal, particularly where the applicant offers to pay the adjudicated amount into court.