NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Arconic Australia Rolled Products Pty Limited v McMahon Services Australia Pty Ltd [2017] NSWSC 1114 Hearing dates: 17/08/2017 Date of orders: 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Summons dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – where multiple payment claims, adjudication applications and adjudication determinations – whether issue estoppel – whether abuse of process Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: AE & E Australia Pty Ltd v Stowe Australia Pty Ltd [2010] QSC 135 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Dualcorp in Ku-Ring-Gai Council v Ichor Constructions Pty Ltd [2014] NSWSC 1534 Leighton v Arogen [2012] NSWSC 1323 Category: Principal judgment Parties: Arconic Australia Rolled Products Pty Limited (Plaintiff) McMahon Services Australia Pty Ltd (First Defendant) Resolution Institute (Second Defendant) Scott Pettersson (Third Defendant) Representation: Counsel: MG Rudge SC / A Thomas (Plaintiff) DA Hughes (First Defendant)
Solicitors: Ashurst Australia (Plaintiff) Cosoff Cudmore Knox (First Defendant) File Number(s): 2017/241136
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