BCIPA does not apply to works on a mining lease
A Queensland Supreme Court judgment delivered on 25 June 2013 has found that the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) does not apply to work carried out on land the subject of a mining lease.
The first respondent, J&D Rigging Pty Ltd, was appointed by the current holder of a mining lease as operator of the Skardon River Mine. The appointment allowed J&D to dismantle the mining plant installed on the land the subject of the mining leases. The mining plant consisted of a 300-tonne kiln, 10m-high mixing tanks, 6m-high sheds and 12m-high storage bins. The mining plant was attached to the land by (among other things) concrete footing and slabs.
The applicant, Agripower Australia Ltd, purchased the mining plant and entered into a contract with J&D for the dismantling and removal of the mining plant. J&D subsequently delivered a payment claim to Agripower pursuant to BCIPA. In an adjudication determination, Agripower was ordered to pay J&D an amount of $2,5m (£1.6m)…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. It includes changes that affect the way documents may be executed.
Analysis from The Lawyer
Shanghai’s ground-breaking Pilot Free Trade Zone could mark the beginning of the long-awaited liberalisation of China’s legal services sector.
Hong Kong IPO activity is hotting up again, but UK legal stalwarts are looking over their shoulders as US rivals make up ground fast