Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

PROBUILD CONSTRUCTIONS (AUST) PTY LTD APPELLANT

AND

SHADE SYSTEMS PTY LTD & ANOR RESPONDENTS

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 14 February 2018 S145/2017

ORDER

Appeal dismissed.

On appeal from the Supreme Court of New South Wales

Representation

B W Walker SC with S Robertson and M R L Forgacs for the appellant (instructed by Maddocks Lawyers)

M Christie SC with D P Hume for the first respondent (instructed by Moray & Agnew)

Submitting appearance for the second respondent

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd

Administrative law – Judicial review – Availability of certiorari – Error of law on face of record – Non-jurisdictional error – Building and Construction Industry Security of Payment Act 1999 (NSW) – Where Act confers entitlement to "progress payment" on persons who undertake to carry out construction work under construction contracts and provides scheme for determining disputed claims – Where first respondent made claim for progress payment – Where claim referred to adjudicator for determination – Where adjudicator made error of law in reasons for determination – Where reasons form part of record – Whether Act ousts jurisdiction of Supreme Court of New South Wales to make order in nature of certiorari to quash determination for non‑jurisdictional error of law on face of record.

Words and phrases – "clear legislative intention", "error of law on the face of the record", "interim entitlement", "jurisdictional error", "non-jurisdictional error", "order in the nature of certiorari".

Building and Construction Industry Security of Payment Act 1999 (NSW), Pts 2, 3. Supreme Court Act 1970 (NSW), ss 22, 69.