Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027

Supreme Court New South Wales

Medium Neutral Citation: Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027 Hearing dates: 05/06/2018; further written submissions 21/06/2018 Date of orders: 05 July 2018 Decision date: 05 July 2018 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) – application to quash adjudicator's determination – whether adjudicator imposed an onus of proof on plaintiff inconsistent with his statutory obligation to come to his own view on the material – whether adjudicator's determination regarding lineal metreage unreasonable – necessary to consider adjudicator's reasoning in light of statutory requirement to determine often difficult questions within tight timeframe – necessary to have regard to the statutory scheme which renders determination final as to payment claims but otherwise preserves all rights – impermissible to conduct merits inquiry under guise of jurisdictional reasonableness – fair reading of the adjudicator's reasons in context demonstrates no error with regards to onus – not shown that determination was unreasonable to the extent of invalidation – summons dismissed. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Avopiling (NSW) Pty Ltd v Menard Bachy Pty Ltd [2012] NSWSC 1466 Bauen Constructions v Westwood Interiors [2010] NSWSC 1359 Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Fulton Hogan Construction Pty Ltd v Cockram Construction Ltd [2018] NSWSC 264 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Pinnacle Construction Group Pty Ltd v Dimension Joinery & Interiors Pty Ltd [2018] NSWSC 894 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 92 ALJR 248 Richard Crookes Construction Pty Ltd v CES Projects (Aust) Pty Ltd (No 2) [2016] NSWSC 1229 SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2015] VSC 631 SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2016] VSCA 119 Suprima Bakeries Pty Ltd v Australian Weighing Equipment Pty Ltd [2016] NSWSC 998 Category: Principal judgment Parties: Southern Cross Electrical Engineering Limited (Plaintiff) Steve Magill Earthmoving Pty Limited (First Defendant) Adrian Ashman (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: S Robertson / M Keene (Plaintiff) D Hume (First Defendant)