Procorp Civil Pty Limited v Napoli Excavations and Contracting Pty Limited & Ors [2006] NSWSC 205

New South Wales Supreme Court

CITATION : Procorp Civil Pty Limited v Napoli Excavations and Contracting Pty Limited & Ors [2006] NSWSC 205

HEARING DATE(S) : 27/03/06

JUDGMENT DATE : 29 March 2006

JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : Einstein J

DECISION : Proceedings to be stood over to permit parties to examine reasons

CATCHWORDS : Building and Construction Industry - Challenge to Adjudication Determination - General principles examined-Significance of considering position of Adjudicator - Task of Adjudicator to determine the claimant's entitlement within the framework of the dispute propounded by the parties - Significance of provision preventing a respondent from including in the adjudication response, any reasons for withholding payment unless those reasons have already been included in payment schedule - Whether evidence should be permitted on an application to set aside a determination - Limited evidence permitted on the voire dire on the basis of a reserved ruling as to admissibility - Evidence disallowed - Adjudicator determining that amount of the progress payment to be paid by the respondent was in excess of the amount finally claimed by the claimant as remaining outstanding - Extant power of adjudicator to correct the determination - Judgment entered in District Court for adjudicated amount in breach of s.25(3) of Act in face of supporting affidavit indicating that part of adjudicated amount had been paid - Slip rule power of District Court - Jurisdiction of Supreme Court to restrain claimant from enforcing District Court Judgment save to extend of unpaid portion of adjudicated amount

Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Evidence Act 1995 (NSW) Legal Profession Act 1987