Tolfab v Tie [2005] NSWSC 326

New South Wales Supreme Court

CITATION : Tolfab v Tie [2005] NSWSC 326

HEARING DATE(S) : 20/05/2005

JUDGMENT DATE : 5 July 2005

Equity Division JURISDICTION :

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 57

CATCHWORDS : BUILDING & CONSTRUCTION - Whether the decision of an Adjudicator should be set aside for failure to take into consideration material in the Adjudication Response - failure to give proper and adequate reasons - failure to value the work - resulting in a breach of natural justice, or failure by the Adjudicator to bona fide exercise power. - HELD: Proceedings dismissed - Adjudicator did value the works, give appropriate reasons, did not fail to take into account part of submissions. There was no breach of natural justice. There is no question of there being no bona fide exercise of power.

PARTIES : Tollfab Engineering Pty Ltd v Tie Fabrications Pty Ltd & Anthony Dutton

FILE NUMBER(S) : SC 50020/2005

S. Jacobs for plaintiff COUNSEL : F. Corsaro SC & M. Southwick for first defendant

Raymond Lee & Co for plaintiff SOLICITORS : Peter White & Associates for first defendant Dutton Lawyers for second defendant

LOWER COURT JURISDICTION :

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Associate Justice Macready

Tuesday 5 July 2005

50020/05 Tollfab Engineering Pty Ltd v Tie Fabrications Pty Ltd and Anthony Dutton JUDGMENT 1 His Honour: This is the hearing of proceedings in which the plaintiff seeks to set aside a determination by the second defendant of the amount of a progress claim pursuant to the provisions of the Building and Construction Industry Security of Payment Act 1999. A Judge of the Court has referred the matter to me for hearing.