Anderson Street Banksmeadow Pty Ltd v JCM Contracting Pty Ltd [2014] NSWSC 102

Supreme Court New South Wales

Medium Neutral Citation: Anderson Street Banksmeadow Pty Ltd v JCM Contracting Pty Ltd [2014] NSWSC 102 Hearing dates: 19 February 2014 Decision date: 24 February 2014 Before: Ball J Decision: Summons filed 1 November 2013 be dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - adjudication determination - whether plaintiff denied natural justice - whether denial of natural justice material to determination of adjudicator Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: John Holland Pty Ltd v TAC Pacific Pty Ltd [2009] QSC 205; [2010] 1 QdR 302 Maxstra NSW Pty Ltd v Blacklabel Services Pty Ltd [2013] NSWSC 406 Trysams Pty Limited v Club Constructions (NSW) Pty Ltd [2008] NSWSC 399 Watpac Construction (NSW) Pty Ltd v Austin Corp Pty Ltd [2010] NSWSC 168 Category: Principal judgment Parties: Anderson Street Banksmeadow Pty Ltd ABN 82 151 696 561(Plaintiff) JCM Contracting Pty Ltd ABN 56 098 150 531 (First Defendant) Representation: Ms M McMahon (Plaintiff) N A Nicholls (First Defendant) Ted Smithies (Second Defendant) Australian Solutions Centre Pty Ltd ABN 68 085 917 219 (Third Defendant) Daniel Massey, Solicitor & Consultant (Plaintiff) Colin Biggers & Paisley (First Defendant) File Number(s): 2013/330289 Publication restriction: N/A

Judgment 1By a summons filed on 1 November 2013 the plaintiff, Anderson Street, seeks a declaration that an adjudication determination made by the second defendant, Mr Smithies (the Adjudicator), under s 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) regarding a dispute with the first defendant, JCM, is void and of no effect on the ground that Anderson Street was denied natural justice by the Adjudicator. 2Anderson Street also seeks an injunction permanently restraining the third defendant, Australian Solutions Centre Pty Ltd (the Authority), from issuing an adjudication certificate under s 24 of the Act. 3Both the Adjudicator and the Authority have filed submitting appearances.