NSW Caselaw
New South Wales Supreme Court
CITATION : Integral Energy Australia v Kinsley & Associates Pty Limited [2009] NSWSC 64
HEARING DATE(S) : 18 February 2009 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 18 February 2009
DECISION : Summons dismissed. Plaintiff to pay the costs of the first defendant. Monies currently standing in Court pursuant to Consent Orders dated 7 November 2008, be released to the first defendant together with any interest
CATCHWORDS : BUILDING & CONSTRUCTION - Building & Construction Industry Security of Payment Act 1999 (NSW) challenge to validity of adjudication determination on the basis that adjudicator failed to include the reasons for his determination under s 22(3)(b) of the Act - held that reasons given were sufficient
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW)
Waterways Authority v Fitzgibbon (2005) 79 ALJR 1816 CASES CITED : Plaza West Pty Limited v Simon's Earthworks [2008] NSWCA 279 Tolfab v Tie [2005] NSWSC 236 Brodyn v Davenport (2004) 61 NSWLR 421
Integral Energy Australia ABN 59 253 130 878 PARTIES : Kinsley & Associates Pty Limited ACN 21 082 609 783 Marcel Weyland
FILE NUMBER(S) : SC 55101/2008
COUNSEL : M Christie with B Ilkovski (Plaintiff) S Goldstein (First Defendant)
SOLICITORS : Middletons (Plaintiff) Colin Biggers & Paisley (First Defendant)
- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
HAMMERSCHLAG J
18 FEBRUARY 2008
55101/2008 INTEGRAL ENERGY AUSTRALIA -V- KINSLEY & ASSOCIATES PTY LIMITED & 1 OR EX TEMPORE JUDGMENT
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