Downsouth Constructions v Jigsaw Corporate Childcare [2007] NSWSC 597

New South Wales Supreme Court

CITATION : Downsouth Constructions v Jigsaw Corporate Childcare [2007] NSWSC 597

HEARING DATE(S) : 24 May 2007

JUDGMENT DATE : 15 June 2007

JURISDICTION : Technology & Construction List

JUDGMENT OF : McDougall J at [1]

DECISION : See para [67] of judgment

CATCHWORDS : BUILDING AND CONSTRUCTION CONTRACTS - where numerous payment claims relating to four different construction contracts served at once - whether open to plaintiff to make adjudication application in respect of some only of those payment claims relating to one only of those contracts - where payment claims assert matters of "defence" and matters of cross claim - where adjudication response asserts defence by way of set-off based on mutuality of dealings in respect of matters alleged by way of "cross claim" - where adjudicator concluded that the defence of set-off is not available by reason of s 20(2B) of the Building and Construction Industry Security of Payment Act 1999 - whether denial of natural justice - whether failure to exercise powers in good faith

LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005

Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor [2004] 61 NSWLR 421 CASES CITED : John Goss Projects v Leighton Contractors & Anor [2006] NSWSC 798 Rawson v Samuel (1841) Cr & Ph 161 Re Just Juice Corporation Pty Limited; James v Commonwealth Bank of Australia (1992) 37 FCR 445

PARTIES : Downsouth Constructions Pty Ltd (Plaintiff) Jigsaw Corporate Childcare Australia Pty Limited (Defendant)

FILE NUMBER(S) : SC 55036/07

COUNSEL : J A N Hogan-Doran (Plaintiff) F P Hicks (Defendant)