QUEENSLAND v WALTER CONSTRUCTION GROUP

摘要

This was a challenge to charges for payment of money payable, claimed under the Subcontractors' Charges Act 1974 (Qld) by a number of subcontractors of Walter Construction Group Ltd, which was in liquidation. The charges related to the Mt Lindesay Highway duplication project. The subcontractors had not commenced proceedings within one month of claiming charges as required by s 15 of the Subcontractors' Charges Act, after which time the charge is extinguished. The subcontractors, however, argued on two bases that they were still entitled to commence proceedings in relation to the charges, namely: (a) that the time for commencing proceedings was suspended while the contractor was in administration, pursuant to s 451D of the Corporations Act 2001 (Cth); and (b) that the subcontractors should be deemed to have commenced proceedings when other subcontractors commenced proceedings within one month of the first subcontractors' notice of claim being issued, pursuant to s 12 of the Subcontractors' Charges Act.