Veolia Water Solutions & Technologies v Kruger Engineering Australia Pty Limited [2006] NSWSC 1406

New South Wales Supreme Court

CITATION : Veolia Water Solutions & Technologies v Kruger Engineering Australia Pty Limited [2006] NSWSC 1406

HEARING DATE(S) : 05/12/06, 06/12/06

JUDGMENT DATE : 6 December 2006

JURISDICTION : Equity

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 12/06/2006

DECISION : Orders in accordance with paragraphs 1 to 8 of the short minutes of order.

CATCHWORDS : BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 - where new payment claim incorporates matters that have been the subject of prior adjudication – where plaintiff seeks to restrain defendant from proceeding with any adjudication application based on that new payment claim – where plaintiff asserts that prior adjudication determination is void – where any hypothetical subsequent adjudicator is bound by s 22(4) - where defendant will be barred by s 13(4)(b) of the Act from filing an additional payment claim if restrained until likely final hearing and decision – whether interlocutory relief appropriate. - COSTS – where plaintiff brought application in a peremptory way – where nature of debate substantially altered – whether costs in the proceedings – no question of principle.

LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999

John Goss Projects v Leighton Contractors [2006] NSWSC 798 Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd (2005) NSWCA 49 CASES CITED : Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd (2006) NSWCA 259 Musico v Davenport [2003] NSWSC 977 Rothnere v Quasar [2004] NSWSC 1151