Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd [2017] NSWSC 232

Supreme Court New South Wales

Medium Neutral Citation: Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd [2017] NSWSC 232 Hearing dates: 6 March 2017 Decision date: 14 March 2017 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: The claim for relief in paragraphs 1, 2, 3, 7 and 8 of the summons dismissed with costs. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – whether adjudicator failed to afford natural justice or procedural fairness – whether adjudicator gave sufficient reasons for his decision

BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination – whether adjudicator erred in making a finding in relation to the "Superintendent's Representative" – whether adjudicator adequately dealt with contract variations Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW); s22(5) Cases Cited: Brookhollow Pty Limited v R&R Consultants Pty Limited and Anor [2006] NSWSC 1 Clyde Bergemann Senior Thermal Pty Ltd v Varley Power Services Pty Ltd [2011] NSWSC 1039 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 PPK Willoughby v Eighty Eight Construction Pty Ltd [2014] NSWSC 760 Watpac Constructions (NSW) Pty Ltd v Austin Corp [2010] NSWSC 168 Category: Principal judgment Parties: Futurepower Developments Pty Ltd (Plaintiff) TJ & RF Fordham Pty Ltd (First Defendant) Doron Rivlin (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: P Bambagiotti (Plaintiff) FP Hicks (First Defendant) Submitting Appearance (Second & Third Defendants)