Hill as Trustee for the Ashmore Superannuation Benefit Fund v Halo Architectural Design Services Pty Ltd [2013] NSWSC 865

Supreme Court New South Wales

Medium Neutral Citation: Hill as Trustee for the Ashmore Superannuation Benefit Fund v Halo Architectural Design Services Pty Ltd [2013] NSWSC 865 Hearing dates: 26 June 2013 Decision date: 28 June 2013 Jurisdiction: Equity Division - Technology and Construction List Before: Stevenson J Decision: Determination void Catchwords: BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - adjudication determination - whether determination void - jurisdictional error Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth) Supreme Court Act 1970 Cases Cited: Alan Conolly & Co v Commercial Indemnity [2005] NSWSC 339 Downer EDI Works Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2011] NSWCA 78 Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6 The Trustees of the Roman Catholic Church for the Diocese of Lismore v T F Woollam and Son [2012] NSWSC 1559 Category: Principal judgment Parties: Robert Hamilton Hill as Trustee of the Ashmore Superannuation Benefit Fund (first plaintiff) Christine Hill as Trustee for the Ashmore Superannuation Benefit Fund (second plaintiff) Halo Architectural Design Services Pty Ltd (first defendant) Alan Stapleton (second defendant) RICS Australasia Pty Ltd (third defendant) Representation: Counsel: S Goldstein (plaintiffs) T O Bland (first defendant) Solicitors: Moray & Agnew (plaintiffs) Court Solicitors & Barristers (first defendant) File Number(s): SC 2013/83771 Publication restriction: Nil