Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation [2014] NSWSC 1678

Supreme Court New South Wales

Medium Neutral Citation: Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation [2014] NSWSC 1678 Hearing dates: 18 November 2014 Decision date: 28 November 2014 Jurisdiction: Equity Division - Technology and Construction List Before: Darke J Decision: Proceedings are stayed until further order of the Court. Catchwords: BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) s 7C makes void a provision in contract requiring disputes under contract to be referred to arbitration - whether whole or only part of agreed dispute resolution regime is such a provision - whether other parts of regime remain effective - severance

ARBITRATION - agreed dispute resolution regime containing provision requiring disputes to be referred to arbitration - provision rendered void by statute - whether other parts of regime remain effective - severance

CONTRACTS - illegality - provision requiring disputes under contract to be referred to arbitration - provision rendered void by statute - whether other parts of regime effective - severance

PRACTICE AND PROCEDURE - civil - stay of proceedings - agreement providing for disputes to be determined in accordance with regime involving expert determination - proceedings commenced contrary to agreement - dispute simultaneously the subject of court proceedings and expert determination - stay granted Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Commercial Arbitration Act 1984 (NSW) Home Building Act 1989 (NSW) s 7C, Part 3A Cases Cited: Cessnock City Council v Aviation and Leisure Corporation Pty Ltd [2012] NSWSC 221 Humphries and another v The Proprietors "Surfers Palms North" Group Titles Plan 1955 [1994] HCA 21; (1994) 179 CLR 597 PMT Partners Pty Limited (in liquidation) v Australian National Parks and Wildlife Service [1995] HCA 36; (1995) 184 CLR 301 McFarlane v Daniell (1938) 38 SR (NSW) 337 Savcor Pty Ltd v State of New South Wales and Another [2001] NSWSC 596; (2001) 52 NSWLR 587 United Group Rail Services Ltd v Rail Corporation New South Wales [2009] NSWCA 177; (2009) 74 NSWLR 618 Category: Principal judgment Parties: Cavasinni Constructions Pty Ltd (plaintiff) New South Wales Land and Housing Corporation (defendant) Representation: Counsel: D Neggo (plaintiff) T J Breakspear (defendant) Solicitors: Cavasinni Constructions Pty Ltd (in-house) (plaintiff) TressCox Lawyers (defendant) File Number(s): 2014/282061 Publication restriction: Nil