Minister for Commerce v Contrax Plumbing & Ors [2004] NSWSC 823

New South Wales Supreme Court

CITATION : Minister for Commerce v Contrax Plumbing & Ors [2004] NSWSC 823 HEARING DATE(S) : 26 August 2004 JUDGMENT DATE : 13 September 2004

JUDGMENT OF : McDougall J at 1 DECISION : See paras [72] and [73] of judgment

CATCHWORDS : BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudication determination should be quashed - whether adjudicator erred in law in his construction of s 34 of the Act - whether adjudicator failed to determine defendant's entitlement in accordance with the terms of the contract - whether adjudicator erred in reaching his determination on a basis not advanced by defendant in its payment claim and therefore not considered by plaintiff in its payment schedule - whether adjudicator committed jurisdictional error by determining the adjudication application on basis of arguments advanced by defendant for first time in that application - whether adjudicator committed jurisdictional error by not considering the plaintiff's response to matters advanced by defendant for the first time in its adjudication application - whether relief should be withheld on discretionary grounds Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Building and Construction Industry Security of Payment Amendment Act 2002 Supreme Court Act 1970 (NSW) John Holland Pty Limited v Cardno MBK (NSW) Pty Ltd [2004] NSWSC 258 Abacus v Davenport (2003) NSWSC 1027 Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140 CASES CITED : TransGrid v Walter Construction Group [2004] NSWSC 21 Jemzone v Trytan [2002] NSWSC 395 Quasar Constructions v Demtech Pty Ltd [2004] NSWSC 116 Brodyn Pty Ltd v Davenport & Anor [2003] NSWSC 1019 The Minister for Commerce (formerly Public Works and Services) (Plaintiff) PARTIES : Contrax Plumbing (NSW) Pty Ltd (First Defendant) Institute of Arbitrators and Mediators Australia (Second Defendant) Peter Loveday (Third Defendant) FILE NUMBER(S) : SC 55052/04 COUNSEL : M A Pembroke SC/F P Hicks (Plaintiff) F C Corsaro SC/J Young (First Defendant) Corrs Chambers Westgarth (Plaintiff) SOLICITORS : Colin Biggers & Paisley (First Defendant) Gadens (Second Defendant) Minter Ellison (Third Defendant)