St Hilliers Contracting Pty Limited v Dualcorp Civil Pty Ltd [2010] NSWSC 1468

New South Wales Supreme Court

CITATION : St Hilliers Contracting Pty Limited v Dualcorp Civil Pty Ltd [2010] NSWSC 1468

HEARING DATE(S) : 2 & 6 December 2010 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 6 December 2010

DECISION : The Adjudicator's Adjudication Determination dated 22 February 2010 be quashed and set aside. The money standing in Court forthwith to be paid out to the plaintiff. The first defendant to pay the plaintiff's costs of the proceedings

CATCHWORDS : CONTRACT – building, engineering and related contracts – Building and Construction Industry Security of Payment Act 1999 ss 10(1), 11(1), 11(1)-(2), 22(1)-(4) – the plaintiff challenged an adjudication determination in favour of the first defendant by the second defendant on grounds that the second defendant committed jurisdictional error and did not afford it natural justice because she did not have regard to material properly before her and determined the date for payment for the adjudicated amount on a basis which was not the subject of submission by either party – HELD – that both complaints were made out – there should be an order in the nature of certiorari quashing and setting aside the adjudication determination

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

Chase Oyster Bar v Hamo Industries [2010] NSWCA 190 CASES CITED : Bauen Constructions v Westwood Interiors [2010] NSWSC 1359 Laing O'Rourke Australia Construction v H&M Engineering & Construction [2010] NSWSC 818 Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2008] NSWSC 399

St Hilliers Contracting Pty Limited [Plaintiff] PARTIES : Dualcorp Civil Pty Ltd [First Defendant] Helen Durham [Second Defendant]