Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770

Supreme Court New South Wales

Medium Neutral Citation: Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770 Hearing dates: 3 May 2016 Date of orders: 15 June 2016 Decision date: 15 June 2016 Jurisdiction: Equity - Technology and Construction List Before: Emmett AJA Decision: (1) Order that the matter of the adjudication under the Security of Payment Act in respect of the entitlement of Shade Systems to a progress payment under the Payment Claim, as served on Probuild by Shade Systems on 23 December 2015, be removed into the Supreme Court. (2) Order that the Determination, made by the Adjudicator on 15 February 2016, be quashed. (3) Order that the matter of the adjudication be remitted to the Adjudicator for further consideration and determination according to law. (4) Order Shade Systems to pay Probuild's costs of the proceedings. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether determination void – denial of natural justice – error of law on the face of the record Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Musico v Davenport [2003] NSWSC 977 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404 Category: Principal judgment Parties: Probuild Constructions (Aust) Pty Ltd (Plaintiff) Shade Systems Pty Ltd (First Defendant) Doron Rivlin (Second Defendant) Representation: Counsel: S Robertson (Plaintiff) S Goldstein (First Defendant) Submitting Appearance (Second Defendant)