Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2016] NSWSC 462

Supreme Court New South Wales

Medium Neutral Citation: Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2016] NSWSC 462 Hearing dates: 12 April 2016 Decision date: 20 April 2016 Jurisdiction: Equity Before: Meagher JA Decision: 1. Summons dismissed. 2. Plaintiff pay first defendant's costs of the proceedings. 3. Amount of $495,473.20 paid into Court by the plaintiff be paid to the first defendant. Catchwords: ADMINISTRATIVE LAW – procedural fairness – application for order under s 69 of Supreme Court Act 1970 (NSW) to quash adjudication determination made under Building and Construction Industry Security of Payment Act 1999 (NSW), Pt 3, Div 2 – whether adjudicator rejected head contractor's set-off claim to liquidated damages on bases not contended for or notified to parties – where head contractor had submitted sub-contractor had no entitlement to extension of time – where sub-contractor had submitted liquidated damages claim unreasonable – where adjudicator rejected set-off claim on basis that head contractor, acting reasonably, should have granted extension of time to sub-contractor – no denial of procedural fairness Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), Pt 3, Divs 1, 2 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Kioa v West [1985] HCA 81; 159 CLR 550 Musico v Davenport [2003] NSWSC 977 Peninsula Balmain Pty Ltd v Abigroup Contractors Pty Ltd [2002] NSWCA 211; 18 BCL 322 SMK Cabinets v Hili Modern Electrics Pty Ltd [1984] VR 391 Category: Principal judgment Parties: Probuild Constructions (Aust) Pty Ltd (Plaintiff) DDI Group Pty Ltd (First Defendant) Ian Hillman (Second Defendant) Representation: Counsel: S Robertson (Plaintiff) M F Galvin (First Defendant) Submitting Appearance (Second Defendant)