City of Ryde v AMFM Constructions Pty Ltd & Anor [2011] NSWSC 1469

Supreme Court New South Wales

Medium Neutral Citation: City of Ryde v AMFM Constructions Pty Ltd & Anor [2011] NSWSC 1469 Hearing dates: Friday, 4 November 2011 Decision date: 04 November 2011 Jurisdiction: Equity Division - Commercial List Before: Brereton J Decision: Summons dismissed with costs. Moneys paid into court to credit of proceedings to be paid out to the first defendant. Catchwords: ADMINISTRATIVE LAW - Adjudication under (NSW) Building and Construction Industry Security of Payment Act, 1999 -decision affected by jurisdictional error due to inadequate reasoning - failure to give reasons does not amount to jurisdictional error - inadequacy, illogicality, insufficiency or inconsistency of reasoning of an adjudicator does not go to jurisdiction - plaintiff must demonstrate that reasons, in context of surrounding material, illustrate failure by adjudicator to perform statutory function - need to bear in mind adjudicators operate under abridged timeframes and procedures - whether denial of procedural fairness where adjudicator did not notify plaintiff that he would decide matter on particular basis - adjudicator decided matter on basis adverted to by plaintiff - no denial of procedural fairness - whether adjudicator failed to take into account relevant consideration, namely provision of contract - failure to consider relevant provision of contract as required by s 22 of the Act would be jurisdictional error - adjudicator did take provision of contract into account. BUILDING AND CONSTRUCTION - Payment claims under Building and Construction Industry Security of Payment Act, s 13(5) - section prohibits service of more than one payment claim in respect of one reference date - not akin to plea in bar - section 13(5) goes to jurisdiction of adjudicator - pleas in bar do not deny jurisdiction - construction of contract to assess whether certificate of practical completion precluded service of additional payment claims - contract does not bar service of payment claims after issue of certificate of practical completion - payment claim valid under s 13. Legislation Cited: (NSW) Building and Construction Industry Security of Payment Act, 1999, s 13, s 17, s 22, s 24, s 25 (CTH) Migration Act, 1958 Cases Cited: Bauen Constructions v Westwood Interiors [2010] NSWSC 1359 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 Chase Oyster Bar v Hamo Industries [2010] NSWCA 190; 272 ALR 750 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Halkat Electrical Contractors Pty Ltd v Holmwood Holdings Pty Ltd [2007] NSWCA 32 Holmwood Holdings Pty Ltd v Halkat Electrical Contractors Pty Ltd & Anor [2005] NSWSC 1129 John Goss Projects v Leighton Contractors (2006) 66 NSWLR 707 Musico v Davenport [2003] NSWSC 977 Power Serve v Powerline's Cleaning Group [2011] NSWSC 1180 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 Tolfab v Tie [2005] NSWSC 326 Category: Principal judgment Parties: City of Ryde (plaintiff) AMFM Constructions Pty Ltd (first defendant) Philip Martin (second defendant) Representation: Counsel: Mr S Robertson (plaintiff) Mr F Corsaro SC (first defendant) Solicitors: Maddocks Lawyers (plaintiff) Colin Biggers & Paisley (first defendant) File Number(s): 2011/298009