Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6 Hearing dates: 03/01/2012 Decision date: 03 January 2012 Jurisdiction: Equity Division Before: McDougall J Decision: Continue interlocutory orders. Stand over for final orders. Catchwords: ADMINISTRATIVE LAW - Building and Construction Industry Security of Payment Act 1999 (NSW) - questions of administrative law - where adjudicator materially denied parties natural justice by determining his jurisdiction in a way for which neither party had contended and without giving them the opportunity to be heard - whether adjudicator's determination void.

BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether s 7(1) authorizes more than one adjudication application to be made at the one time for the one payment claim. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Alan Connolly & Co v Commercial Indemnity [2005] NSWSC 339 Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Chase Oyster Bar v Hamo Industries [2010] NSWCA 1990 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Olympia Group (NSW) Pty Ltd v Hansen Yuncken Pty Ltd [2011] NSWSC 165 Watpac Constructions (NSW) Pty Ltd v Austin Corp Pty Ltd [2010] NSWSC 168 Category: Procedural and other rulings Parties: Rail Corporation New South Wales (ABN 59 325 778 353) (Plaintiff) Nebax Constructions Australia Pty Limited trading as TrackSyde Constructions (ACN 101 054 068) (First Defendant) Adjudicate Today Pty Limited (ABN 3910 9605 021) (Second Defendant) Callum Campbell (Third Defendant) Representation: Counsel: N J Kidd (Plaintiff) A W Smith (First Defendant) Solicitors: Maddocks (Plaintiff) Warren McKeon Dickson (First Defendant) File Number(s): 2011/410319