NSW Caselaw
New South Wales Supreme Court
CITATION : Robson Civil Projects Pty Limited v Walter Mining Pty Limited [2009] NSWSC 1071
HEARING DATE(S) : 24 September 2009 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 24 September 2009
DECISION : Summons dismissed with costs.
CATCHWORDS : BUILDING AND CONSTRUCTION LAW - Adjudication determination made pursuant to s 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") - Whether the adjudicator failed to make a bona fide attempt to exercise his powers under the Act – Whether the plaintiff was denied a measure of natural justice as required under the Act – Held that there was no failure by the adjudicator to make a bona fide attempt to perform his task under the Act, nor any substantial denial of natural justice - The adjudicator considered the operation of the appropriate clauses of the contract in question, the operation of the Act, and he afforded each party the opportunity to make submissions.
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW)
CATEGORY : Principal judgment
Downer Construction (Australia) Pty Ltd v Energy Australia [2007] NSWCA 49 Brodyn Pty Ltd t/a Time Cost and Quality v Davenport (2004) 61 NSWLR 421 Transgrid v Siemens Ltd (2004) 61 NSWLR 521 Reiby Street Apartments Pty Ltd v Winterton Constructions Pty Ltd [2006] NSWSC 375 Lansky Constructions Pty Ltd v Noxequin Pty Ltd (in liq) t/a Fyna Formwork [2005] NSWSC 963 CASES CITED : Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Timwin Construction Pty Ltd v Façade Innovations Pty Ltd [2005] NSWSC 548 Austruc Constructions Ltd v ACA Developments Pty Ltd [2004] NSWSC 131 John Holland Pty Ltd v Roads & Traffic Authority of New South Wales [2007] NSWCA 19 Co-ordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWCA 229. Coordinated Construction Co Pty Ltd v J M Hargreaves (NSW) Pty Ltd [2005] NSWCA 228 Perform (NSW) Pty Ltd v MEV-AUS Pty Ltd [2009] NSWCA 157
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