The decision of Agripower Australia Ltd v J&D Rigging Pty Ltd [2013] QSC 164 was released this week.

In one of the stranger judgments we have seen this year, Justice Wilson has declared an adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) void because dismantling of plant on a mine site, subject to mining leases, was not “construction work” within the meaning of the BCIPA.  Her Honour made this finding on the basis that a mining lease creates no “estate or interest” in the land and therefore the plant did not “form part of the land”. 

Does this decision change the “lay of the land”?  It appears so, but it is probably too early to tell.  We predict that this decision will be overturned or, at least, heavily criticised