NSW Caselaw
New South Wales Supreme Court
CITATION : Allpro v Micos [2010] NSWSC 453 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 11/5/10 JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 11 May 2010
DECISION : Injunction granted; orders in accordance with short minutes of order.
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS - interlocutory injunction - restraining enforcement of determination of adjudicator - apprehension of bias - denial of natural justice - extension of time for adjudication - short time limit for agreement - no actual or implied agreement to extension - payment of adjudicator's fees.
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW)
CATEGORY : Procedural and other rulings
Johnson v Johnson (2000) 201 CLR 488 CASES CITED : MPM Constructions v Trepcha Constructions [2004] NSWSC 103 Reiby Street Pty Ltd v Winterton [2005] NSWSC 545
Allpro Building Services Pty Limited (ACN 092 239 104) (Plaintiff) PARTIES : Micos Architectural Division Pty Limited (ACN 119 736 962) (First Defendant) Ian Hillman (Second Defendant) Australia Solutions Centre (ACN 085 917 219) (Third Defendant)
FILE NUMBER(S) : SC 2010/117065
COUNSEL : M A Ashhurst SC (Plaintiff) Dr A J Greinke (First Defendant)
SOLICITORS : DLA Phillips Fox (Plaintiff) Cara Marasco & Company (First Defendant)
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