Air Dynamics Control & Services Contracting Pty Limited v Durham & Anor [2005] NSWSC 861

New South Wales Supreme Court

Air Dynamics Control & Services Contracting Pty Limited v Durham & Anor [2005] NSWSC 861 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25 August 2005

JUDGMENT DATE : 13 September 2005

Common Law Division JURISDICTION : Administrative Law List

JUDGMENT OF : Associate Justice Malpass at 1

DECISION : The summons is dismissed; the plaintiff is to pay the costs of the summons (such order to include the costs of the interlocutory proceedings before Studdert J); the exhibits may be returned.

CATCHWORDS : Validity of adjudication - denial of natural justice - statutory non-compliance - setting aside of satisfied judgment - exhaustion of statutory process - utility of granting relief.

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

CASES CITED : Brodyn Pty Limited v Davenport (2004) 61 NSWLR 421

Air Dynamics Control & Services Contracting Pty Limited (Plaintiff) PARTIES : Helen Durham (First Defendant) Ishtar Painting Pty Limited (Second Defendant)

FILE NUMBER(S) : SC 30026/05

Mr I George (Plaintiff) COUNSEL : Mr P G Fisher (Second Defendant)

J P Gould (Plaintiff) SOLICITORS : Philip Davenport (First Defendant) Turnbull Bowles Lawyers (Second Defendant)

LOWER COURT JURISDICTION :

- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

Associate Justice Malpass

13 September 2005

30026 of 2005 Air Dynamics Control & Services Contracting Pty Limited v Helen Durham & Anor