McNab Building Services Pty Ltd v Demex Pty Ltd [2022] NSWSC 1441

Supreme Court New South Wales

Medium Neutral Citation: McNab Building Services Pty Ltd v Demex Pty Ltd [2022] NSWSC 1441 Hearing dates: 7 October 2022 Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Plaintiff succeeds in its claim. Parties to bring in short minutes of order to give effect to this judgment. Catchwords: BUILDING AND CONSTRUCTION — Adjudication — Natural justice — Where the adjudicator applied a conversion factor in his determination which was not raised by the parties and to which the parties did not have an opportunity to make submissions — Whether there was a breach of procedural fairness in the adjudicator's application of that conversion factor Cases Cited: - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport (2004) 51 NSWLR 421 - Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 - John Goss Projects Pty Ltd v Leighton Contractors (2006) 66 NSWLR 707 - Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 - Musico v Davenport [2003] NSWSC 977 - MZAPC v Minister for Immigration and Border - Protection (2021) 95 ALJR 441 - Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1 - Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd (2016) 260 CLR 340 - TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72 Category: Principal judgment Parties: McNab Building Services Pty Ltd (Plaintiff) Demex Pty Ltd (First Defendant) Chris Thompson (Second Defendant) Representation: Counsel: D Byrne (Plaintiff) J P Hastie (First Defendant)