A LATE-night attempt to seize machinery at a Redland Bay quarry has emerged in court documents as part of a complex legal dispute over equipment worth hundreds of thousands of dollars.
The District Court in Brisbane has heard that men acting for Ipswich Earthmoving Machinery Pty Ltd attended the German Church Rd quarry at about 2.15am in December 2024 in an attempt to recover equipment they claimed was subject to a security interest.
Police were called to the site after the group entered the quarry without the consent of the landowner, Austral Bricks.
In a judgment delivered on March 6, Judge Porter KC said police declined to intervene after determining the documents relied on by Ipswich Earthmoving Machinery were not court orders authorising entry.
“The officers observed that the Notices were not Court orders. They were right not to act on those Notices,” the judge said.
The late-night incident forms part of a broader legal fight over 15 items of quarry and earthmoving equipment, including trucks, trailers, a rock breaker, welding equipment, a site office and stockpiles of quarry product.
Ipswich Earthmoving Machinery claims the equipment forms part of collateral under a registered Personal Property Securities Register interest linked to debts owed by Perry O’Brien Engineering Pty Ltd, which is now in liquidation.
However, the machinery was sold in August 2024 to RBP Civil Pty Ltd for $230,000 plus GST, and the company argues it purchased the assets free of any security interest.
Austral Bricks, one of Australia’s largest and longest-established manufacturers of clay bricks and tiles, owns the German Church Rd quarry where the machinery is located.
While Austral owns the land, quarrying operations at the site have been carried out by contractors — first Perry O’Brien Engineering until August 2024, before RBP Civil took over.
Court documents reveal Ipswich Earthmoving Machinery issued unusual “Notices of Seizure” after acquiring the debt and security interest tied to Perry O’Brien Engineering.
The company then attempted to enter the quarry to recover the equipment.
According to the judgment, the group arrived at the site early in the morning without permission from Austral.
RBP Civil director Robert Perry objected to the entry and police attended.
Judge Porter criticised the approach taken, noting the notices relied upon were not issued by a court.
The judge also warned legal representatives to be cautious about asserting legal authority in situations that could lead to confrontation or damage.
“If that had occurred, [the solicitor] ought to think carefully about such confident assertions where conduct likely to involve wilful damage and breaches of the peace are a possibility,” the judgment states.
The dispute is continuing in the District Court after Ipswich Earthmoving Machinery attempted to win the case early through a summary judgment application.
Judge Porter dismissed that application, finding rival claimant RBP Civil still had a real prospect of proving it lawfully acquired the equipment.
The case will now proceed toward trial, where the court will determine whether the machinery was sold in the ordinary course of business and whether the security interest still applies.
