Miller v LMG Building Pty Ltd [2023] NSWSC 995

Supreme Court New South Wales

Medium Neutral Citation: Miller v LMG Building Pty Ltd [2023] NSWSC 995 Hearing dates: 7 August 2023 Decision date: 23 August 2023 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: See [31] to [33] Catchwords: BUILDING AND CONSTRUCTION — Adjudication — Judicial review — Security of Payment Act (SOPA) — Whether Adjudicator considered relevant material — Where Adjudicator does not consider material filed after payment schedule — Adjudicator committed a jurisdictional error BUILDING AND CONSTRUCTION — Adjudication — Judicial review — Security of Payment Act (SOPA) — Whether Adjudicator considered merits of the claim at all — Where Adjudicator accepts one party's expert findings based on credibility without reference to inconsistent evidence — Adjudicator committed a jurisdictional error Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Laing O'Rourke Australia Construction Pty Ltd v Monford Group Pty Ltd [2018] NSWSC 491 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Category: Principal judgment Parties: Suzanne Miller (Plaintiff) LMG Building Pty Ltd (First Defendant) Christopher Harris (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: D Hume (Plaintiff) P Folino-Gallo (First Defendant) Submitting Appearances (Second and Third Defendants)

Solicitors: Hones Lawyers (Plaintiff) Bradbury Legal (First Defendant) File Number(s): 2023/235082 Publication restriction: None