12 Bridge Street Epping Pty Ltd atf 12 Bridge Street Epping Unit Trust v D.R. Design (NSW) Pty Ltd [2022] NSWSC 866

12 Bridge Street Epping Pty Ltd atf 12 Bridge Street Epping Unit Trust v D.R. Design (NSW) Pty Ltd [2022] NSWSC 866

The Adjudicator acted within power under s 21 of the Act to request submissions and set deadlines, and afforded procedural fairness by acting upon the parties' submissions. The failure of the Developer to provide an adjudication response within time was its own responsibility, and there is no basis to impugn the adjudicator's determination.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Summons / Judgment Principal Judgment, Ex Tempore
Outcome
Summons dismissed with costs
Legal Topics
['adjudication' 'security of Payment' 'procedural Fairness' 'statutory Construction']
['building and Construction' 'equity'] ['adjudication' 'security of Payment' 'procedural Fairness' 'statutory Construction']

Case Brief

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Procedural Posture

Summons / Judgment Principal Judgment, Ex Tempore

Legal Issues

  1. 1 ['Whether adjudicator had power under s 21 of the Building and Construction Industry Security of Payment Act 1999 (NSW) to request submissions regarding service of adjudication application' 'Whether responses provided amounted to an adjudication response' 'Whether procedural fairness or natural justice was denied']

Ratio Decidendi

The Adjudicator acted within power under s 21 of the Act to request submissions and set deadlines, and afforded procedural fairness by acting upon the parties' submissions. The failure of the Developer to provide an adjudication response within time was its own responsibility, and there is no basis to impugn the adjudicator's determination.

Court Disposition

Summons dismissed with costs

Orders

  • ['The Summons is dismissed with costs.' 'Funds paid into Court by the plaintiff are to be paid out to the defendant forthwith.' 'These orders are to be taken out forthwith.']