Leighton v Arogen [2012] NSWSC 1323

Supreme Court New South Wales

Medium Neutral Citation: Leighton v Arogen [2012] NSWSC 1323 Hearing dates: 08/10/2012, 09/10/2012 Decision date: 01 November 2012 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Determination declared void and quashed. First defendant to pay plaintiff's costs. Catchwords: [ADMINISTRATIVE LAW] - Building and Construction Industry Security of Payment Act 1999 (NSW) - application to restrain enforcement of, and to quash, a determination of an adjudicator - whether adjudicator materially denied parties natural justice by permitting the defendant to advance its claim in a way the plaintiff was not able to answer - whether adjudicator acted outside jurisdiction - whether adjudicator's determination void - whether adjudicator erred in his approach to the application of s 20(2B) and 22(2)(c) of the Building and Construction Industry Security of Payment Act 1999 (NSW). Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Downer Construction (Aust) Pty Ltd v Energy Australia (2007) 69 NSWLR 72 John Holland Pty Ltd v Cardno MBK (NSW) Pty Ltd [2004] NSWSC 258 Minister for Commerce v Contrax Plumbing & Ors [2004] NSWSC 823 Pacific General Securities Ltd v Soliman & Sons Pty Ltd (2006) 196 FLR 388 Parkview Constructions Pty Ltd & Anor v Sydney Civil Excavations Pty Ltd [2009] NSWSC 61 Category: Principal judgment Parties: Leighton Contractors Pty Limited (ACN 000 893 667) (Plaintiff) Arogen Pty Limited (ACN 110 542 419) (First Defendant) Philip Davenport (Second Defendant) Adjudicate Today Pty Limited (ACN 109 605 021) (Third Defendant) Representation: Counsel: M G Rudge (SC) / F G Kalyk (Plaintiff) N A Nicholls / FFF Salama (Defendants) Solicitors: Gadens Lawyers (Plaintiff) Mitry Lawyers (Defendants) File Number(s): 2012/269835