CPB Contractors Pty Limited v Heyday5 Pty Limited [2020] NSWSC 1625

CPB Contractors Pty Limited v Heyday5 Pty Limited [2020] NSWSC 1625

Neither ground of challenge was made out; the adjudicator's determination provided an evident and intelligible justification and did not deny procedural fairness; the determination is valid.

Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Challenge to Adjudication Determination / Judgment at First Instance
Outcome
Summons dismissed
Legal Topics
['security of Payment' 'contract Variations' 'procedural Fairness' 'adjudication Determination']
['building and Construction'] ['security of Payment' 'contract Variations' 'procedural Fairness' 'adjudication Determination']

Case Brief

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Procedural Posture

Challenge to Adjudication Determination / Judgment at First Instance

Legal Issues

  1. 1 ["Whether the adjudicator's determination disclosed an evident or intelligible justification for upholding the Spotters Claim" 'Whether the adjudicator denied procedural fairness by deciding on bases not the subject of submissions duly made']

Ratio Decidendi

Neither ground of challenge was made out; the adjudicator's determination provided an evident and intelligible justification and did not deny procedural fairness; the determination is valid.

Court Disposition

Summons dismissed

Orders

  • ["Plaintiffs to pay the first defendant's costs unless an alternate costs order is sought within seven days."]