NSW Caselaw
New South Wales Court of Appeal
CITATION: Halkat Electrical Contractors Pty. Ltd. v. Holmwood Holdings Pty. Ltd. [2006] NSWCA 125
HEARING DATE(S): 15 May 2006
JUDGMENT DATE: 15 May 2006
JUDGMENT OF: Hodgson JA at 1
EX TEMPORE JUDGMENT DATE: 05/15/2006
DECISION: Notice of Motion dismissed with costs.
CATCHWORDS: BUILDING AND CONSTRUCTION - PROCEDURE - APPEAL - Declaration that adjudication determination void - Contractor appeals, and also issues further payment claim including the same work and obtains an adjudication determination on that claim - Whether appeal an abuse of process - Whether it should be struck out or stayed.
LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999, ss.13, 24
Jago v. District Court of NSW (1989) 168 CLR 3 CASES CITED: Ridgeway v. The Queen (1995) 69 ALJR 484, 184 CLR 19 Walton v. Gardiner (1993) 67 ALJR 485, 177 CLR 378
PARTIES: Halkat Electrical Contractors Pty. Ltd. - opponent/appellant Holmwood Holdings Pty. Ltd. - claimant/respondent
FILE NUMBER(S): CA 40927/05
COUNSEL: Mr. F. Kalyk for opponent/appellant Mr. M. Izzo for claimant/respondent
SOLICITORS: Nicholas G. Pappas & Co., Sydney for appellant KQ Lawyers, Bowral for respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC55065/05
LOWER COURT JUDICIAL OFFICER: Brereton J
LOWER COURT DATE OF DECISION: 08/11/2005
LOWER COURT MEDIUM NEUTRAL CITATION: [2005] NSWSC 1129
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40927/05
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