Watpac Constructions v Austin Corp [2010] NSWSC 168

New South Wales Supreme Court

CITATION : Watpac Constructions v Austin Corp [2010] NSWSC 168

HEARING DATE(S) : 25/2/10

JUDGMENT DATE : 19 March 2010

JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : McDougall J at 1

(1)Direct the parties to exchange draft short minutes of the orders to be made in the consequence of these reasons, and written submissions in support of those orders, by 31 March 2010. (2)Direct the parties to exchange written submissions in reply by 12 April 2010. DECISION : (3)Direct copies of all documents exchanged pursuant to orders 1 and 2 to be delivered to my Associate when they are exchanged. (4)Stand proceedings over to 9:30am on 16 April 2010 for the making of final orders. (5)Reserve liberty to apply, either in respect of any application for oral argument in respect of the form of orders to be made or generally, on 7 days' notice.

CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – validity of second adjudication determination – where payment claim for amounts the subject of previous adjudication determination – where determination by previous adjudicator that defendant not entitled to amounts claimed – whether valid payment claim – whether subsequent claim before second adjudicator precluded by principles of issue estoppel or principles of abuse of process – whether plaintiff denied procedural fairness. - ESTOPPEL – issue estoppel – whether earlier determination created issue estoppel – whether abuse of process for defendant to reagitate claim leading to second adjudication determination.

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