Reiby Street v Winterton [2005] NSWSC 545

New South Wales Supreme Court

CITATION : Reiby Street v Winterton [2005] NSWSC 545

HEARING DATE(S) : 18/05/2005

JUDGMENT DATE : 16 June 2005

JURISDICTION : Technology and Construction List

JUDGMENT OF : Master Macready at 1

DECISION : Paragraph 58

CATCHWORDS : BUILDING AND CONSTRUCTION – Adjudication determination was made on progress payment pursuant to the Building and Construction Industry Security of Payments Act 1999 – party requested a review of the Master Building Association's nomination of adjudicator on the basis of apprehended bias because of a previous "dispute" – whether there was apprehended bias in the circumstances – whether party is estopped from now seeking an order in the nature of certiorari – whether party made an election by continuing with the adjudication process – whether there was a waiver to the right of objection on the basis of apprehended bias. - Held that there was apprehended bias and that determination was void.

LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999

Brodyn Pty Ltd v Davenport [2004] NSWCA 394 Transgrid v Siemens Ltd [2004] NSWCA 395 Johnson v Johnson (2000) 201 CLR 488 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Legione v Hateley (1983) 152 CLR 406 Foran v Wight (1989) 168 CLR 385 Metalcorp Recyclers Pty Limited v Metal Manufactures Limited [2003] NSWCA 213 CASES CITED : Paynter Dixon Constructions Pty Ltd v J F & C G Tilton Pty Ltd [2003] NSWSC 869 Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd [2005] NSWSC 362 O'Connor v S P Bray Limited 1936 36 SR (NSW) 248 Sargent v ASL Developments Limited (1974) 131 CLR 634 Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Vakauta v Kelly (1989) 167 CLR 568 Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281 Hutchinson v Roads and Traffic Authority & Anor [2000] NSW CA 332