Federal Court of Australia
Federal Court of Australia
Dickson Developments Precinct 5 Pty Ltd v Core Building Group Pty Ltd [2024] FCA 86 File number(s): ACD 66 of 2023
Judgment of: JACKMAN J
Date of judgment: 15 February 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of adjudicator determination in relation to construction contract – whether jurisdictional error – whether reference date for payment claim – whether separable part – whether estoppel by convention
Legislation: Building and Construction Industry (Security of Payment) Act 2009 (ACT) ss 6, 10, 11, 15, 16, 22, 43 Building and Construction Industry Security of Payment Act 1999 (NSW)
Cases cited: Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd [2020] NSWCA 63 Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69; (2009) 74 NSWLR 190 Moratic Pty Ltd v Gordon [2007] NSWSC 5 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4; (2018) 264 CLR 1 Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52; (2016) 260 CLR 340 Waterman v Gerling Australia Insurance Company Pty Ltd [2005] NSWSC 1066; (2005) 65 NSWLR 300
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 69
Date of hearing: 2 February 2024
Counsel for the Applicant: Mr M Dempsey SC, Mr B Buckland and Ms C Harris
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