Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) [2023] NSWSC 401

Supreme Court New South Wales

Medium Neutral Citation: Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) [2023] NSWSC 401 Hearing dates: On the papers Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Equity - Technology and Construction List Before: Darke J Decision: Orders made for adjudication determinations to be set aside in part, and confirmed in part. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") – adjudication determinations – where adjudication determinations are affected by jurisdictional error – where the Court has the power to set aside the whole or any part of an adjudication determination pursuant to s 32A of the Act – meaning and operation of s 32A of the Act – consideration of how adjudicated amounts which are affected by jurisdictional error may be reduced pursuant to s 32A of the Act – consideration of the extent to which the Court may or should exercise its power pursuant to s 32A of the Act in relation to the reasons for an adjudication determination – consideration of whether determinations of liability for adjudicator's fees are affected by jurisdictional error Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), Pt 3, ss 22, 29(3), 32A Building and Construction Industry Security of Payment Amendment Act 2018 (NSW) Cases Cited: Ceerose Pty Ltd v A-Civil Aust Pty Ltd [2023] NSWSC 239 Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) [2023] NSWSC 345 Grosvenor Constructions (NSW) Pty Limited (in administration) v Musico [2004] NSWSC 344 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 24 October 2018 Category: Consequential orders Parties: Ceerose Pty Ltd (Plaintiff/First Cross-Defendant) A-Civil Aust Pty Ltd (First Defendant/Cross-Claimant) John Tuhtan (Second Defendant/Second Cross-Defendant) ABC Dispute Resolution Service (Third Defendant) Representation: Counsel: Mr S Robertson SC with Mr D Hume (Plaintiff/First Cross-Defendant) Mr F Hicks SC with Mr L Gor (First Defendant/Cross-Claimant)