NSW Caselaw
Reported Decision : 66 NSWLR 707
New South Wales Supreme Court
CITATION : John Goss Projects v Leighton Contractors & Anor [2006] NSWSC 798 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28/07/2006
JUDGMENT DATE : 14 August 2006
JURISDICTION : Technology & Construction List
JUDGMENT OF : McDougall J at [1]
DECISION : See para [86] of judgment
CATCHWORDS : BUILDING AND CONSTRUCTION - whether one adjudicator valued construction work - whether subsequent adjudicator bound by s 22(4) of the Building and Construction Industry Security of Payment Act 1999 to value that work accordingly - where adjudicator decided that obiter dicta in Supreme Court judgment were incorrect - where this issue not advanced by either party - where no notice to parties - whether material to adjudicator's determination - whether parties denied natural justice - whether adjudicator lacked good faith - application of Brodyn v Davenport [2004] NSWSC 394 - whether bringing the same claim in consecutive adjudications is abuse of process - where party likely to raise in future adjudication issue of notice precondition on the bringing of claims - whether declaration has utility - whether clause conflicts with s 13(4) of the Act - whether clause void by operation of s 34 of the Act
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485 Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Coordinated Construction Co Pty Ltd v J M Hargreaves (NSW) Pty Ltd (2005) 63 NSWLR 385 CASES CITED : Holmwood Holdings Pty Ltd v Halkat Electrical Contractors Pty Ltd [2005] NSWSC 1129 Minister for Commerce v Contrax Plumbing [2004] NSWSC 823 Musico v Davenport [2003] NSWSC 977 Procorp Civil Pty Ltd v Napoli Excavations & Contracting Pty Ltd [2006] NSWSC 205 Rothnere v Quasar [2004] NSWSC 1151
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