EMERGENCY SERVICES SUPERANNUATION BOARD v ROBERT SUNDERCOMBE & ANOR [2004] NSWSC 405

New South Wales Supreme Court

CITATION : EMERGENCY SERVICES SUPERANNUATION BOARD v ROBERT SUNDERCOMBE & ANOR [2004] NSWSC 405 HEARING DATE(S) : 9 September 2004 JUDGMENT DATE : 9 September 2004

JURISDICTION: Equity Division Technology and Construction List JUDGMENT OF : Bergin J DECISION : Further Amended Summons dismissed with costs

CATCHWORDS : [ADMINISTRATIVE LAW]: Whether jurisdictional error by adjudicator justifying the quashing of the adjudicator's determination - - [STATUTE]: Whether circumstances in which a determination is quashed is a circumstance that fits within s. 26(1)(b) of the Building & Construction Industry Security of Payment Act 1999 allowing the withdrawal of the adjudication application - Whether events which occurred after quashing of first determination precluded the further adjudication application LEGISLATION CITED : Building & Construction Industry Security of Payment Act 1999 (NSW) Emergency Services Superannuation Board v Davenport & Anor [2004] NSWSC 697 John Holland Pty Limited v Cardno MBK (NSW) Pty Limited & Ors [2004] NSWSC 258 CASES CITED : Multiplex Constructions Pty Ltd v Luikens & Anor [2003] NSWSC 1140 Quasar Constructions v Demtech Pty Ltd [2004] NSWSC 116 Sargent v ASL Developments Ltd (1974) 131 CLR 634 Emergency Services Superannuation Board (Plaintiff) PARTIES : Robert Sundercombe (First Defendant) Lipman Pty Limited (Second Defendant) FILE NUMBER(S) : SC 55061/04 COUNSEL : Mr R. Cheney; Mr J. Orsborn (Plaintiff) Mr S. Goldstein (Second Defendant) SOLICITORS : Holdng Redlich (Plaintiff) Cowley Hearne (Second Defendant)