Maxstra NSW Pty Ltd v Blacklabel Services Pty Ltd [2013] NSWSC 406

Supreme Court New South Wales

Medium Neutral Citation: Maxstra NSW Pty Ltd v Blacklabel Services Pty Ltd [2013] NSWSC 406 Hearing dates: 4 March 2013 Decision date: 24 April 2013 Before: Rothman J Decision: (1)Judgment for the defendants; (2)The plaintiff, Maxstra NSW Pty Ltd, pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed; (3)The Court grants leave or liberty to the parties to apply in relation to any special or different order as to costs. Such application should be made within seven days of today and should be accompanied by short written submissions. The other party, if such an application be made, may respond also in writing within a further seven days; (4)Proceedings otherwise dismissed. Catchwords: BUILDING AND ENGINEERING CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - challenge to adjudication determination - claim for work either as variation or on quantum meruit - allegation that amount claimed is within the contract price - not a matter raised in payment schedule and inconsistent with contractual documents - allegation of denial of procedural fairness and error of law - no error of law involved in determination - alleged denial of procedural fairness had no practical impact - no jurisdictional error Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 17; (2000) 169 ALR 344 Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Brodyn Pty Ltd trading as Time Cost and Quality v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421 Clarence Street Pty Ltd v Isis Projects Pty Ltd [2005] NSWCA 391; (2005) 64 NSWLR 448 at 455 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd; Collector of Customs v Pressure Tankers Pty Ltd [1993] FCA 322; (1993) 43 FCR 280 Griffith University v Tang [2005] HCA 7; (2005) 221 CLR 99 John Goss Projects v Leighton Contractors [2006] NSWSC 798; (2006) 66 NSWLR 707 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 NAFF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62; (2004) 221 CLR 1 Owner Strata Plan 61172 v Stratabuild Ltd [2011] NSWSC 1000 Pantorno v The Queen [1989] HCA 18; (1989) 166 CLR 466 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Australian Bank Employees' Union; Ex parte Citicorp Australia Ltd [1989] HCA 41; (1989) 167 CLR 513 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Sullivan v Department of Transport (1978) 20 ALR 323 at 343 TCL Air Conditioner (Zhongshan) Company Ltd v The Judge of the Federal Court of Australia [2013] HCA 5; (2013) 87 ALJR 410 Watpac Constructions v Austin Corp [2010] NSWSC 168 Category: Principal judgment Parties: Maxstra NSW Pty Ltd (Plaintiff) Blacklabel Services Pty Ltd (First Defendant) Doron Rivlin (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: B DeBuse (Plaintiff) A Joseph (First Defendant) Submitting appearance (Second Defendant/Third Defendant) Solicitors: Moores Legal (Plaintiff) Priest McCarron Lawyers & Conveyancers (First Defendant) Submitting appearance (Second Defendant/Third Defendant) File Number(s): 2012/325777 Publication restriction: None