Allpro Building Services Pty Limited v Micos Architectural Division Pty Limited & Ors [2010] NSWSC 474

New South Wales Supreme Court

CITATION : Allpro Building Services Pty Limited v Micos Architectural Division Pty Limited & Ors [2010] NSWSC 474

HEARING DATE(S) : 14/05/2010 JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 14 May 2010

1 Declaration that the determination of adjudicator made under the Building and Construction Industry Security of Payment Act 1999 is void. DECISION : 2 Order permanently restraining first defendant from taking any steps to enforce the Determination. 3 Order permanently restraining second defendant from issuing an adjudication certificate in respect of the determination.

CATCHWORDS : Natural justice - Reasonable apprehension of bias - Building and Construction Industries Security of Payments Act 1999 - Adjudicator has a history of disputation with plaintiff concerning plaintiff having refused to pay adjudicator's fees - Adjudicator refuses to accept challenge to his right to determine the matter - Critical significance that adjudicators determine the adjudications which come before them, without regard to extraneous circumstances as for example private communications with their colleagues about one or other of the parties

LEGISLATION CITED : Building and Construction Industries Security of Payments Act 1999

CATEGORY : Principal judgment

CASES CITED : Commonwealth Coatings Corp v Continental Casualty Co (1968) 393 US 145 Reiby Street Apartments Pty Ltd v Winterton Constructions Pty Ltd [2005] NSWSC 545

Allpro Building Services Pty Limited (Plaintiff) PARTIES : Micos Architectural Division Pty Limited (First Defendant) Mr Ian Hillman (Second Defendant) Australian Solutions Centre (Third Defendant)