Rhomberg Rail Australia Pty Ltd v Concrete Evidence Pty Limited [2019] NSWSC 755

Supreme Court New South Wales

Medium Neutral Citation: Rhomberg Rail Australia Pty Ltd v Concrete Evidence Pty Limited [2019] NSWSC 755 Hearing dates: 13 June 2019 Decision date: 21 June 2019 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The proceedings be dismissed;

(2) The plaintiff pay the first defendant's costs of the proceedings; and

(3) The sum of $1,191,549.67 paid into court on 8 January 2019, and any interest thereon, be paid to the first defendant. Catchwords: BUILDING AND CONSTRUCTION – adjudication determination under section 22 of Building and Construction Industry Security of Payment Act 1999 (NSW) – whether determination void – jurisdictional error – whether adjudicator failed to afford natural justice and procedural fairness in reaching determination – whether denial of procedural fairness was substantial – whether entitled to recover in respect of unaffected part of claim Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Emergency Services Superannuation Board v Davenport [2004] NSWSC 697 Fulton Hogan Construction Pty Ltd v Cockram Construction Ltd [2018] NSWSC 264 JKC Australia LNG Pty Ltd v Inpex Operations Australia Pty Ltd (2018) 334 FLR 314; [2018] NTCA 6 Musico v Davenport [2003] NSWSC 977 Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd (2017) 95 NSWLR 82; [2017] NSWCA 151 YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2019] NSWCA 110 Category: Principal judgment Parties: Rhomberg Rail Australia Pty Ltd (Plaintiff) Concrete Evidence Pty Limited (First Defendant) Philip Martin (Second Defendant) (Submitting Appearance) Representation: Counsel: IG Roberts SC (Plaintiff) D Hume (First Defendant)