RTA v John Holland [2006] NSWSC 567

New South Wales Supreme Court

CITATION : RTA v John Holland [2006] NSWSC 567 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15/05/2006

JUDGMENT DATE : 3 July 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

CATCHWORDS : BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submissions made for first time in Adjudication Response rejected pursuant to s 22(2)(d) — Whether that failure to consider Adjudicator rendered decision void — Whether submissions as to jurisdiction of Adjudicator under the Act must be considered pursuant to s 22(2)(a) and (b) — Whether failure to consider submission vitiating error in sense explained in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421. - BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submission that Adjudicator had no jurisdiction under Act to hear payment claim for extension of time — Submission that Adjudicator not entitled to stand in shoes of superintendent under contract — Whether relief should be refused on discretionary grounds — Relevant considerations as to discretion.

Timwin Construction Pty Ltd v Façade Innovations Pty Ltd [2005] NSWSC 548 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 The Minister for Commerce (formerly Public Works & Services) v Contrax Plumbing (NSW) Pty Ltd & Ors [2005] NSWCA 142 Coordinated Construction Co Pty Ltd v JM Hargreaves (NSW) Pty Ltd [2005] 63 NSWLR 385 CASES CITED : Holmwood Holdings Pty Ltd v Halkat Electrical Contractors Pty Ltd [2005] NSWSC 1129 Pacific General Securities Pty Ltd v Soliman & Sons Pty Ltd [2006] NSWSC 13 Coordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWC 229 Abacus Funds Management v Davenport [2003] NSWSC 1027 Transgrid v Siemens Limited (2004) 61 NSWLR 521 Reiby Street Apartments Pty Ltd v Winterton Constructions Pty Ltd [2006] NSWSC 375