John Holland Pty. Limited v. Roads & Traffic Authority of New South Wales & Ors. [2007] NSWCA 19

New South Wales Court of Appeal

CITATION: John Holland Pty. Limited v. Roads & Traffic Authority of New South Wales & Ors. [2007] NSWCA 19

HEARING DATE(S): 16 November 2006

JUDGMENT DATE: 26 February 2007

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Basten JA at 65

DECISION: 1. Appeal allowed. 2. Orders below set aside, and in lieu thereof order that RTA's summons be dismissed with costs. 3. Order that RTA pay Holland's costs of the appeal.

CATCHWORDS: BUILDING AND ENGINEERING CONTRACTS - Progress payments - Claim under Building and Construction Security of Payment Act 1999 - Adjudication - Whether submissions of respondent "duly made" - Whether adjudicator was required to consider them - Whether determination of adjudicator invalid because of failure to comply with s.22 of the Act, lack of good faith or denial of natural justice.

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 ss.8-10, 13, 14, 17, 20-22

Brodyn Pty. Limited v. Davenport [2004] NSWCA 394, (2004) 61 NSWLR 421 Brookhollow Pty. Limited v. R & R Consultants Pty. Limited [2006] NSWSC 1 Coordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWCA 229 CASES CITED: Holmwood Holdings Pty. Limited v. Halkat Electrical Contractor Pty. Limited [2005] NSWSC 1129 Multiplex Constructions Pty. Limited v. Luikens [2003] NSWSC 1140 R v. Hickman: Ex Parte Fox & Clinton (1945) 70 CLR 598 The Minister for Commerce v. Contrax Plumbing (NSW) Pty. Limited [2005] NSWCA 142 Transgrid v. Siemens Limited [2004] NSWCA 395, (2004) 61 NSWLR 521

John Holland Pty. Limited - appellant PARTIES: Roads and Traffic Authority of New South Wales - 1st respondent Robert Sundercombe - 2nd respondent LEADR - 3rd respondent