NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: QC Communications NSW Pty Ltd v CivComm Pty Ltd [2016] NSWSC 1095 Hearing dates: 18 to 20 July 2016 and 8 August 2016 Decision date: 12 August 2016 Jurisdiction: Common Law Before: Ball J Decision: 1. The adjudication determination made on 18 December 2015 by Mr Philip Martin in favour of the defendant be set aside.
2. The defendant pay the plaintiff's cost of the proceeding. Catchwords: BUILDING AND CONSTRUCTION – adjudication determination – whether failure to serve submissions constituted a jurisdictional error or a breach of the rules of natural justice EQUITY – fraud – setting aside determination obtained by fraud Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Brodyn Pty Ltd v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421 Douglas Aerospace v Indistri Engineering Albury [2014] NSWSC 1445 Falgat Constructions Pty Ltd v Equity Australia Corporation Ltd [2006] NSWCA 259 Hansen Yuncken Pty Ltd v Ericson [2011] QSC 327 Orr v Holmes [1948] HCA 16; (1948) 76 CLR 632 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: QC Communications NSW Pty Ltd (ABN 11 159 273 819) (Plaintiff) CivComm Pty Ltd (ABN 11 159 273 819) (Defendant) Representation: Counsel: M Luitingh (Plaintiff) K Zakaria (Managing Director of Defendant)
Solicitors: Ferrys Law Firm (Plaintiff) File Number(s): 2015/377294 Publication restriction: None
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate