MMIR Pty Limited v Iskra [2019] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: MMIR Pty Limited v Iskra [2019] NSWSC 35 Hearing dates: 29 January 2019 Date of orders: 29 January 2019 Decision date: 29 January 2019 Jurisdiction: Equity - Technology and Construction List Before: Parker J Decision: Adjudication determination (reference number 2018ADJT451) be quashed. Sum of $138,135.59 together with interest accrued be paid out to the plaintiff. First defendant to pay the plaintiff the further sum of $35,202.67. First defendant pay the plaintiff's costs. Catchwords: BUILDING AND CONSTRUCTION – construction contracts – Building and Construction Industry Security of Payment Act 1999 (NSW) – requirement that Adjudicator assess the value of construction works in accordance with terms of "do and charge" contract – requirement that Adjudicator assess the reasonableness of builder's margin – failure of Adjudicator to address requirements amounts to jurisdictional error. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Krahe v Manfate Pty Limited [2016] NSWCA 363 Laing O'Rourke Australia Construction Pty Limited v Monford Group Pty Limited [2018] NSWSC 491 Pacific General Securities Limited v Soliman & Sons Pty Limited [2006] NSWSC 13 Plaza West Pty Limited v Simon's Earthworks (NSW) Pty Limited [2008] NSWCA 279 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 Limited [2015] VSC 631 Category: Principal judgment Parties: MMIR Pty Ltd (Plaintiff) Ganni John Iskra (First Defendant) Callum Campbell (Second Defendant) Representation: Counsel: EA Walker (Plaintiff) M Auld (First Defendant)