Power Serve v Powerline's Clearing Group [2011] NSWSC 1180

Supreme Court New South Wales

Medium Neutral Citation: Power Serve v Powerline's Clearing Group [2011] NSWSC 1180 Hearing dates: 28/09/2011 Decision date: 28 September 2011 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Plaintiff's notice of motion dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudicator erred by concluding that s34 of the Act rendered void certain provisions of construction contract - nature of requirement to 'consider' pursuant to s22 (2) - no requirement for 'consideration' to lead to a legally or technically correct answer. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190 Clyde Bergemann v Varley Power [2011] NSWSC 1039 Category: Procedural and other rulings Parties: Power Serve Pty Ltd (ACN 060 977 513) (Plaintiff) Powerline's Clearing Group Pty Limited (ACN 128 604 688) (First Defendant) Daniel Massey (Second Defendant) Representation: Counsel: F Corsaro SC (Plaintiff) J C Prowse (Solicitor) (First Defendant) Solicitors: Keystone Lawyers (Plaintiff) MCW Lawyers (First Defendant) Daniel Massey Solicitor and Consultant (Second Defendant) File Number(s): 2011/309840