David Hurst Constructions Pty Ltd v Helen Durham [2008] NSWSC 318

New South Wales Supreme Court

CITATION : David Hurst Constructions Pty Ltd v Helen Durham [2008] NSWSC 318 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26 February 2008

JUDGMENT DATE : 26 February 2008

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 28 February 2008

DECISION : See paragraph [82] of the judgment

CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether adjudicator considered material in breach of s20(2B) of the Act – whether adjudicator failed to comply with s22(2) of the Act – whether adjudicator misunderstood terms of contract, or their application – whether any such error invalidates determination – denial of procedural fairness – whether s21(4) of the Act imposes mandatory requirement on adjudicators if they are unable to make a determination on evidence before them – no evidentiary onus or presumption imposed by the Act.

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

CATEGORY : Principal judgment

Brodyn Pty Ltd v Davenport [(2004) 61 NSWLR 421] Brookhollow Pty Limited v R & R Consultants & Anor Pty Limited [2006] NSWSC 1 Coordinated Construction Co Pty Limited v J.M. Hargreaves (NSW) Pty Limited [2005] NSWCA 228 CASES CITED : Halkat Electrical Contractors Pty Ltd v Holmwood Holdings Pty Ltd [2007] NSWCA 32 Holmwood Holdings Pty Ltd v Halkat Electrical Contractors Pty Ltd [2005] NSWSC 1129 Oshlack v Richmond River Council (1998) 193 CLR 72 Pacific General Securities Limited & Anor v Soliman and Sons Pty Limited [2006] NSWSC 13