Stucoid Pty Ltd v Stadiums Pty Ltd [1960] HCA 41

Stucoid Pty Ltd v Stadiums Pty Ltd [1960] HCA 41

Time limits in ss. 9, 10, and 19 of the Contractors' and Workmen's Lien Acts commence upon completion of the work under the relevant subcontract; as Stucoid Pty Ltd gave notice and commenced proceedings after these periods expired, no lien or charge attached or was enforceable and the appeals must be dismissed.

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment on Appeal
Outcome
Appeals dismissed with costs.
Legal Topics
["contractors' and Workmen's Lien Acts (qld)" "time Limits for Enforcing Mechanic's Liens" 'construction and Application of Statutory Liens and Charges']
['construction Law' 'property Law'] ["contractors' and Workmen's Lien Acts (qld)" "time Limits for Enforcing Mechanic's Liens" 'construction and Application of Statutory Liens and Charges']

Source-derived case record

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Procedural Posture

Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 ["Whether the time limitation for claiming under ss. 9, 10, and 19 of the Contractors' and Workmen's Lien Acts runs from completion of the work under the subcontract or the head contract" "Whether Stucoid Pty Ltd's notices and proceedings were within time as required by the relevant statutory provisions"]

Ratio Decidendi

Time limits in ss. 9, 10, and 19 of the Contractors' and Workmen's Lien Acts commence upon completion of the work under the relevant subcontract; as Stucoid Pty Ltd gave notice and commenced proceedings after these periods expired, no lien or charge attached or was enforceable and the appeals must be dismissed.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['Appeals dismissed with costs.']