NSW Caselaw
New South Wales Supreme Court
CITATION : J & Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd [2008] NSWSC 838
HEARING DATE(S) : 30 July 2008 JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 30 July 2008
DECISION : See paragraph [37] of the judgment.
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – whether adjudicator denied party natural justice by failing to consider portions of adjudication response – whether failure to exercise powers in good faith – whether adequate reasons given for valuation of claim.
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
CATEGORY : Principal judgment
Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 CASES CITED : John Holland Pty Ltd v Roads and Traffic Authority of New South Wales (2007) 23 BCL 205 Multiplex Constructions Pty Ltd v Luikens & Anor [2003] NSWSC 1140
J & Q Investments Pty Ltd (Plaintiff) PARTIES : ZS Constructions (NSW) Pty Ltd trading as Zaarour Slein (First Defendant) William Timothy Sullivan (Second Defendant)
FILE NUMBER(S) : SC 2934/08
COUNSEL : R I Bellamy (Plaintiff) S Goldstein (First Defendant)
Goldrick Farrell Mullan (Plaintiff) SOLICITORS : Walker Hedges & Co (First Defendant) Colin Biggers & Paisley (Second Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
McDOUGALL J
30 July 2008 ex tempore (revised 30 July 2008)
55051/08 J & Q INVESTMENTS PTY LTD v ZS CONSTRUCTIONS (NSW) PTY LTD TRADING AS ZAAROUR SLEIN & 1 ORS JUDGMENT HIS HONOUR Background
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