Chase Oyster Bar v Hamo Industries [2010] NSWSC 1167

New South Wales Supreme Court

CITATION : Chase Oyster Bar v Hamo Industries [2010] NSWSC 1167

HEARING DATE(S) : 24 September 2010 JURISDICTION : Equity Division Technology & Construction List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 24 September 2010

(1) Order that the determination of the second defendant made on 18 March 2010 be quashed. (2) Order that the amount of $122,366.36 paid into court by the plaintiff on 31 March 2010 be repaid, with any accrued interest, to the plaintiff. (3) Order the first defendant to pay the plaintiff's costs to date; otherwise make no order as to costs to date. (4) Grant leave to the first defendant to file a cross-claim. DECISION : (5) Direct that any cross-claim be filed and served by 1 October 2010. (6) Direct that any defence to that cross-claim be filed and served by 8 October 2010. (7) Stand the proceedings over for directions on 15 October 2010. (8) Reserve liberty to the plaintiff and the first defendant to apply for an order for costs in respect of any additional costs incurred by the intervention of St Hilliers Contracting Pty Ltd and Dualcorp Civil Pty Ltd. Any such application to be made by notice of motion filed and served no later than 8 October 2010 returnable for 15 October 2010. (9) Reserve liberty to the first defendant, if so advised, to make application for an order under the Suitors' Fund Act.

CATCHWORDS : ADMINISTRATIVE LAW - prerogative writs and orders - certiorari - where s 17(2)(a) of Building and Construction Industry Security of Payment Act nor complied with - whether relief in the nature of certiorari against adjudicator's determination should be granted - discretionary considerations - certiorari granted - Supreme Court Act 1970 (NSW) s 69.