Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234

Supreme Court New South Wales

Medium Neutral Citation: Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234 Hearing dates: 8 March 2012 Decision date: 08 March 2012 Jurisdiction: Equity Division - Duty List Before: Ball J Decision: Order that, until the determination of these proceedings by the trial judge at the final hearing of this matter or until further order, the first defendant be restrained by itself its servants and agents from proceeding to file any certificate under s 24(1)(a) of the Building and Construction Industry Security of Payment Act 1999 (NSW) in any competent Court under s 25 of the Act. Catchwords: PROCEDURE - interlocutory injunction - to prevent filing of adjudication certificate in court pursuant to s 25 of the Building and Construction Industry Security of Payment Act 1999 - whether arguable case and balance of convenience - where evidence of defendant having no assets. ADMINISTRATIVE LAW - whether adjudicator had jurisdiction under Act - where application made out of time - where claim already lodged for same reference dates and work - whether denial of natural justice. BUILDING AND CONSTRUCTION - security of payment legislation - whether more than one adjudication application can be made for same reference dates and work. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Cases Cited: Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190, 78 NSWLR 393 Rail Corporation NSW v Nebax Constructions [2012] NSWSC 6 Watpac Constructions NSW Pty Ltd v Austin Corp Pty Ltd [2010] NSWSC 168 Category: Interlocutory applications Parties: Grindley Constructions Pty Ltd (Plaintiff) Painting Masters Pty Ltd (First Defendant) Adjudicate Today Pty Ltd (Second Defendant) Representation: C Gleeson (Plaintiff) No Appearance (First Defendant) Vincent Young (Plaintiffs) No Appearance (First Defendant) File Number(s): 2012/76234