AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited [2024] NSWSC 825

Supreme Court New South Wales

Medium Neutral Citation: AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited [2024] NSWSC 825 Hearing dates: 25 June 2024 Decision date: 05 July 2024 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The summons be dismissed with costs; (2) The amount paid into Court by the plaintiff on 22 May 2024 and 21 June 2024 together with any interest thereon be paid to the first defendant. Catchwords: BUILDING AND CONSTRUCTION — Adjudication — Judicial review — Building and Construction Industry Security of Payment Act 1999 (NSW), s 19, s 21, s 22 BUILDING AND CONSTRUCTION — Adjudication — Judicial review — Whether jurisdictional error to fail to consider documents provided to the Adjudicator — Where those documents include report produced relying on material subject to 'without prejudice' communications BUILDING AND CONSTRUCTION — Adjudication — Judicial review — Whether jurisdictional error for Adjudicator to rely on grounds allegedly not advanced by either party Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Ausenco Operations Pty Ltd & Anor v Ferretti International Ottoway Pty Ltd & Anor [2020] SASC 46 Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd [2020] NSWCA 63 Ceerose v A-Civil Aust Pty Ltd (2023) 112 NSWLR 225; [2023] NSWCA 215 Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd (2018) 97 NSWLR 773; [2018] NSWCA 107 Demex Pty Ltd v McNab Building Services Pty Ltd [2023] NSWCA 261 JKC Australia LNG Pty Ltd v Inpex Operations Australia Pty Ltd (2018) 334 FLR 314; [2018] NTCA 6 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 Rhomberg Rail Australia Pty Ltd v Concrete Evidence Pty Limited [2019] NSWSC 755 Southern Cross Electrical Engineering Ltd v Steve Magill Earthmoving Pty Ltd [2018] NSWSC 1027 Category: Principal judgment Parties: AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust (Plaintiff) Growthbuilt Pty Limited (First Defendant) Resolution Institute (Second Defendant) Jane Elizabeth Button (Third Defendant) Representation: Counsel: FP Hicks SC with L Martin (Plaintiff) S Robertson SC with D Hume (First Defendant) Piper Alderman (Submitting Appearance | Second Defendant)