Recent Cases

Judgments

Isles v Queensland Minister for Police, Queensland Police Commissioner, [2021] QSC, Justice North judgment delivered 31 March 2021

Successfully resisting application under the Judicial Review Act 1991 (QLD) for the applicant’s deceased father to be added to the QPS Honour Roll – whether a decision “under an enactment” – whether applicant had standing.

International Arbitration (ICC, London) – 2018-2021 – USD 900m dispute

Part of a large team representing the designer in a complex engineering dispute concerning Middle Eastern transport infrastructure – the only non-London based counsel assisting with witnesses of fact in Australia, New Zealand, Middle East, Hong Kong and Singapore, and expert witnesses in the UK and the USA.

Harris v Panforta Pty Ltd, unreported 17 December 2020 (DCJ Dann)

Successful appeal against penalty following guilty plea for contravention of s. 13(2) of Schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 for the reckless operation of a vessel (Prosecuting for the Commonwealth DPP, as Junior Counsel to John Agius SC).

Brisbane Airport Corporation Pty Ltd v Arup Pty Ltd [2017] QSC 232 (Justice Applegarth)

Representing the principal in a complex engineering dispute with $37, damages claimed arising from professional negligence and breach of ss.51A, 52 or 53 of the Trade Practices Act– leave granted under r.376 – new cause of action arising from substantially the same facts as pleaded in the original statement of claim (Junior Counsel to Gareth Beacham QC).

Annie Street JV Pty Ltd v MCC Pty Ltd [2016] 49 QLR 7; [2016] QSC 268 (Justice Flanagan)

Whether adjudicator’s determination was without foundation and illogical – whether adequate reasons were provided in accordance with s.26(3) of the BCIPA (QLD) – whether natural justice had been denied – whether function discharged when adjudicator refused to consider relevant contract clauses (junior Counsel to Gareth Beacham QC).

Grocon Constructors (Qld) Pty Ltd v Juniper Developer No 2 Pty Ltd [2015] QCA 291 (CJ Holmes, Atkinson and McMeekin JJ)

Applicability of the penalty doctrine to a Liquidated Damages provision in a construction contract (research note for Peter Franco QC).

BRB Modular Pty Ltd v AWX Constructions Pty Ltd [2015] QSC 218 (Justice Applegarth)

Whether a ‘reference date’ arose under the BCIPA (Qld) – whether contractual pre-requisite of a statutory declaration was contrary to the Act and void by operation of s.99 (Junior Counsel to Peter Franco QC).

Recent Supreme Court matters across Queensland

Brisbane Supreme Court

Resisting the challenge to enforcement of an adjudicator’s determination under the BCIPA (QLD) on multiple grounds including consideration of “new reasons” prohibited by s.88(3)(b); whether an adjudication application was “properly made” in accordance with s.88(2)(c); whether the adjudicator had discharged her statutory function in relation to the required reasoning process; whether there was a breach in natural justice.

Rockhampton Supreme Court

Whether an Adjudicator’s determination was without foundation and illogical, failure to intellectually engage, failure to provide adequate reasons – whether the Adjudicator failed o discharge statutory function by failing to consider matters statutorily obliged to consider.

Mackay Supreme Court

Whether a design and construct contractor had, in breach of contract, breach of warranties and negligently, defectively designed and constructed the air conditioning in a nursing home such that it developed mould.

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