NSW Caselaw
New South Wales Supreme Court
CITATION : Multipower v S & H Electrics [2006] NSWSC 757
HEARING DATE(S) : 03/07/06, 10/07/06
JUDGMENT DATE : 10 July 2006
JURISDICTION : Common Law Division
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 07/10/2006
DECISION : See paras [49], [55] and [56] of judgment
CATCHWORDS : BUILDING AND CONSTRUCTION - whether adjudicator addressed wrong question, failed to consider relevant material or considered irrelevant material - whether adjudication application made outside time limit prescribed by s 17(3) Building and Construction Industry Security of Payment Act 1999 - whether time limit is "basic and essential" requirement - whether failure to comply with limit vitiates determination - application of Brodyn v Davenport [2004] NSWCA 394 - COSTS - whether costs follow event - no question of principle
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
Amflo Constructions Pty Ltd v Jefferies [2003] NSWSC 856 CASES CITED : Brodyn v Davenport (2004) 61 NSWLR 421 Vince Schokman & Anor v Xception Construction Pty Limited & Anor [2005] NSWSC 297
PARTIES : Multipower Corporation Pty Ltd (Plaintiff) S & H Electrics Pty Ltd (Defendant)
FILE NUMBER(S) : SC 12558/06
COUNSEL : T Bland (Plaintiff) J P Donohoe (Defendant)
SOLICITORS : James Dimitrious (Plaintiff) Macquarie Lawyers (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
McDOUGALL J
Monday 10 July 2006 Ex tempore (revised 17 July 2006)
12558/06 MULTIPOWER CORPORATION PTY LTD v S & H ELECTRICS PTY LTD JUDGMENT 1 HIS HONOUR: The questions for decision in these proceedings are:
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