CC No 1 v Reed [2010] NSWSC 294

New South Wales Supreme Court

CITATION : CC No 1 v Reed [2010] NSWSC 294

HEARING DATE(S) : 16/04/10

JUDGMENT DATE : 6 May 2010

JURISDICTION : Equity Divison

JUDGMENT OF : Macready AsJ at 1

DECISION : I dismiss the proceedings with costs and dissolve the existing interlocutory injunction.

CATCHWORDS : Contracts. Building, engineering and related contracts. Progress claims under the Building and Construction Industry Security of Payment Act 1999 - Claim that later claim was an abuse as it reagitated matters the subject of earlier claims. - No adjudication of earlier claims. - Held in the circumstances no abuse. - Proceedings dismissed.

PARTIES : CC No 1 Pty Ltd & Anor v Reed Constructions Australia Pty Ltd & Anor

FILE NUMBER(S) : SC 2010/81752

COUNSEL : Mr G Inatey SC with Mr D Miller for plaintiff Mr B Coles QC with Mr B DeBuse for defendant

SOLICITORS : Minter Ellison Lawyers for plaintiff HWL Ebsworth Lawyers for defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION IN THE SUPREME COURT OF NEW SOUTH WALE EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST ASSOCIATE JUSTICE MACREADY Thursday 6 May 2010

2010 / 81752 CC No 1 Pty Ltd & Anor v Reed Constructions Pty Ltd 1 HIS HONOUR: This is the final hearing of the plaintiffs' suit to restrain the adjudication process initiated by the first defendant's adjudication application dated 29 March 2010 concerning the first defendant's payment claim dated 1 March 2010. The second defendant is the appointed adjudicator. At present there are injunctions in place to restrain the second defendant from delivering his determination until 5pm on 30 April 2010. A judge of the Court has referred the matter to me for hearing.