Shell Refining (Australia) Pty Limited v A J Mayr Engineering Pty Limited [2006] NSWSC 94

New South Wales Supreme Court

CITATION : Shell Refining (Australia) Pty Limited v A J Mayr Engineering Pty Limited [2006] NSWSC 94

HEARING DATE(S) : 15 February 2006

JUDGMENT DATE : 6 March 2006

JUDGMENT OF : Bergin J

DECISION : The Summons is dismissed. The plaintiff is to pay the defendant's costs of proceedings.

CATCHWORDS : [ADMINISTRATIVE LAW] - Whether a determination should be declared void because the adjudicator failed to comply with basic and essential requirements of the Building and Construction Industry Security of Payment Act 1999 (NSW) in determining that the plaintiff pay $11,137,998.30 to the defendant. - [ADJUDICATOR PRACTICE] - Whether, as a matter of practice, adjudicators should include statements in determinations to the effect that it is not to be assumed that matters not mentioned in the determination have not been taken into account. - [STATUTORY CONSTRUCTION] - Whether progress claims for the provision of related goods and services in Victoria in respect of construction work in New South Wales are able to be made under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Building and Construction Industry Security of Payment Act 2002 (Vic) Interpretation Act 1987 (NSW)

Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor (2004) 61 NSWLR 421 Coordinated Constructions Co Pty Limited v J M Hargreaves (NSW) Pty Limited (2005) 21 BCL 390 Goliath Portland Cement Co Limited v Bengtell and Anor (1994) 33 NSWLR 414 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 CASES CITED : Multiplex Constructions Pty Limited v Luikens & Anor [2003] NSWSC 1140 Pacific General Securities v Soliman & Sons Pty Ltd [2006] NSWSC 13 R v PLV (2001) 51 NSWLR 736 R v Young (1999) 46 NSWLR 681 Wentworth Securities Ltd v Jones [1980] AC 74