Cornerstone Danks Street v Parkview Constructions [2014] NSWSC 866

Supreme Court New South Wales

Medium Neutral Citation: Cornerstone Danks Street v Parkview Constructions [2014] NSWSC 866 Hearing dates: 19/06/2014 Decision date: 19 June 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Declare adjudicator's determination void. Grant ancillary injunctive relief. First defendant to pay plaintiff's costs. Catchwords: BUILDING AND CONSTRUCTION - Adjudication determinations - application for declaration that adjudicator's determination is void - whether adjudicator failed to comply with statutory obligation imposed by s 21(3) of the Building and Construction Industry Security of Payments Act 1999 (NSW) - whether determination void where as at the date by which determination was to be made not all matters in dispute had been decided

PROCEDURE - costs - whether to grant indemnity costs where argument of contestable point of law and no relevant delinquency Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Category: Principal judgment Parties: Cornerstone Danks Street Pty Limited as Trustee for the Cornerstone Danks Street Unit Trust (First Plaintiff) Cornerstone Danks Street No1 Pty Limited (Second Plaintiff) Parkview Constructions Pty Limited (First Defendant) Adjudicate Today Pty Limited (Second Defendant) Max Tonkin (Third Defendant) Representation: Counsel: J B Simpkins SC / J A Wright (Plaintiff) M Christie SC / ARR Vincent (First Defendant) Solicitors: Colin Biggers & Paisley (Plaintiffs) Salim Rutherford Lawyers (First Defendant) Moray & Agnew (Second and Third Defendants) File Number(s): 2014/172448