In the case of Hunter Construction Management Pty Ltd v Beesley Investments Pty Ltd [2024] QDC 182, the court dismissed the claim filed by Hunter Construction Management Pty Ltd (HCM) and ordered them to pay the costs of Beesley Investments Pty Ltd, the defendant. HCM initially sought judgment for unpaid invoices related to a building contract and later sought damages for breach of contract. Beesley Investments counterclaimed for inspection certificates needed for a building's classification. Substantial parts of HCM's claim were previously struck out, and security for costs, demanded by the court, was not provided by HCM. Due to inactivity and lack of compliance from HCM, the court found grounds to dismiss the claim. The counterclaim, mainly concerning certification issues, was resolved favourably for Beesley, resulting in the court permitting Beesley to discontinue its counterclaim with no costs order. Ultimately, there were no remaining substantive proceedings to address.
Full text: https://www.sclqld.org.au/caselaw/150280