NSW Caselaw
New South Wales Supreme Court
CITATION : Errol Investments Pty Limited v Taylor Projects Group Pty Limited [2005] NSWSC 1125
HEARING DATE(S) : 4 November 2005
JUDGMENT DATE : 4 November 2005
Equity Division JURISDICTION : Construction & Technology List
JUDGMENT OF : Windeyer J at 1
DECISION : Order the summons be dismissed with costs. The exhibits can be returned. ; Order that, of the moneys paid into court by the plaintiff, the sum of $771,000 be paid to the defendant and the balance be paid to the plaintiff.
CATCHWORDS : BUILDING, ENGINEERING AND RELATED CONTRACTS - adjudication under s22 of the Building and Constructions Industry Security of Payment Act 1999 - challenge to adjudicator's decision on grounds of denial of natural justice - whether inference should be drawn of failure to consider relevant material
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 s22(2)
CASES CITED : Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140
Errol Investments Pty Limited (Plaintiff) Taylor Projects Group Pty Limited (First Defendant) PARTIES : Ted Smithies (Second Defendant) Philip Martin (Third Defendant) Mediate Today Pty Limited t/as Adjudicate Today (Fourth Defendant)
FILE NUMBER(S) : SC 55081 of 2005
Mr M Christie with him Mr M A Izzo (Plaintiff) COUNSEL : Mr D S Weinberger (First Defendant) No appearance (Second to Fourth Defendants)
Deacons (Plaintiff) SOLICITORS : Avendra Singh Strati & Kam (First Defendant) No appearance (Second to Fourth Defendants)
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