New South Wales Land and Housing v Clarendon Homes [2012] NSWSC 333

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Land and Housing v Clarendon Homes [2012] NSWSC 333 Hearing dates: 20/03/2012 Decision date: 20 March 2012 Jurisdiction: Equity Division Before: McDougall J Decision: Summons dismissed with costs. Money in court to be paid out to first defendant. Catchwords: BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether adjudicator's performed statutory function by giving sufficient reasons for the decision that was made - ADMINISTRATIVE LAW - jurisdictional error - denial of natural justice - whether adjudicator gave sufficient reasons for accepting superintendent's representative's assessment - whether adjudicator properly dealt with submissions based on the quantum of the claim - whether adjudicator erred by failing to note a concession - whether oversight capable of correction under "slip rule" - whether adjudicator failed to afford natural justice by omitting reference to materials provided to him in relation to submissions and documentation in support of a payment schedule. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Bauen Constructions v Westwood Interiors [2010] NSWSC 1359 Plaza West Pty Ltd v Simon's Earthworks (NSW) Pty Ltd [2008] NSWCA 279 Category: Procedural and other rulings Parties: New South Wales Land and Housing Corporation ABN 24 960 729 253 (Plaintiff) Clarendon Homes (NSW) Pty Limited ABN 18 003 892 706 (First Defendant) John O'Brien (Second Defendant) Adjudicate Today Pty Ltd ABN 39 109 605 021 (Third Defendant) Representation: M Christie SC / V Culkoff (Plaintiff) S Goldstein (Defendants) TressCox (Plaintiff) King & Wood Mallesons (First Defendant) Philip Davenport (Second and Third Defendant) File Number(s): 2012/58789