Firedam Civil Engineering v KJP Construction [2007] NSWSC 1162

New South Wales Supreme Court

CITATION : Firedam Civil Engineering v KJP Construction [2007] NSWSC 1162

HEARING DATE(S) : 4, 23 October 2007

JUDGMENT DATE : 25 October 2007

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Declarations that the adjudicator's determination was in breach of the rules of natural justice and void; injunctions restraining first and second defendants from acting on the determination

CATCHWORDS : BUILDING AND CONSTRUCTION - progress payments - Building & Construction Industry Security of Payment Act - service of payment schedule - service under Corporations Act - relevance of evidence of non-receipt by director of claimant - adjudicator disregards adjudication response on ground that payment schedule was not provided because not received by claimant's director - errors of law - denial of natural justice - whether relief should be by declarations and injunctions or orders in nature of certiorari

Acts Interpretation Act 1901 (Cth) s 29 LEGISLATION CITED : Building & Construction Industry Security of Payment Act 1999 (NSW) ss 3, 4, 13, 14, 15, 17, 20, 22, 27, 31 Corporations Act 2001 (Cth) s109X

Brodyn Pty Ltd v Davenport [2004] NSWCA 394 Deputy Commissioner of Taxation v Trio Site Services Pty Ltd [2007] FCA 776 Emag Constructions Pty Ltd v Highrise Concrete Contractors (Aust) Pty Ltd [2003] NSWSC 903 CASES CITED : Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 (BC200607427) Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Pacific General Securities Ltd v Soliman & Sons Pty Ltd [2005] NSWSC 378 Taylor Projects Group Pty Ltd v Brick Dept Pty Ltd [2005] NSWSC 439 Tsoukatos v Mustafa [2007] NSWSC 614