Suprima Bakeries Pty Ltd v Australian Weighing Equipment Pty Ltd [2016] NSWSC 998

Supreme Court New South Wales

Medium Neutral Citation: Suprima Bakeries Pty Ltd v Australian Weighing Equipment Pty Ltd [2016] NSWSC 998 Hearing dates: 11 July 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Restrain first defendant from enforcing adjudication determination. Declare determination void. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether contracts were construction contracts within the meaning of the Act – whether Adjudicator denied natural justice to plaintiff – failure to deal with claim of defective work Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Act 2002 (Vic) Cases Cited: Class Electrical Services v Go Electrical [2013] NSWSC 363 Clyde Bergemann v Varley Power [2011] NSWSC 1039 Musico v Davenport [2003] NSWSC 977 SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2015] VSC 631 Category: Principal judgment Parties: Suprima Bakeries Pty Ltd (Plaintiff) Australian Weighing Equipment Pty Ltd (First Defendant) Kenneth Spain (Second Defendant) Representation: Counsel: D S Weinberger (Plaintiff) V Culkoff (First Defendant) Second defendant submitted save as to costs.