NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rogers Construction Group Pty Ltd v Mirage Interiors & Construction Pty Ltd [2024] NSWSC 1344 Hearing dates: 21 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Challenge to the Adjudication Determination fails Catchwords: BUILDING AND CONSTRUCTION — Building and Construction Industry Security of Payment Act 1999 (NSW) — adjudication — contested result of adjudication — where plaintiff submits that adjudicator decided the determination on a basis not advocated or reasonably contemplated by either party — question of procedural fairness — denial of procedural fairness not found — challenge to adjudication determination fails Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: A-Civil Aust Pty Ltd v Ceerose Pty Ltd [2024] NSWCA 7 Demex Pty Ltd v McNab Building Services Pty Ltd [2023] NSWCA 261 Category: Principal judgment Parties: Rogers Construction Group Pty Ltd (Plaintiff) Mirage Interiors & Construction Pty Ltd (First Defendant) Patrick Tonkin trading as c/o Adjudicate Today Pty Ltd (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: J R B Pearson (Plaintiff) A Gandar (First Defendant)
Solicitors: Hicksons (Plaintiff) Henry William Lawyers (First Defendant) Lauderdale Construction Lawyers (Second and Third Defendant) File Number(s): 2024/349179
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