Richard Shorten & Anor v David Hurst Constuctions Pty Limited & Anor; David Hurst Constructions v Richard William Shorten & Anor [2008] NSWSC 546

Richard Shorten & Anor v David Hurst Constuctions Pty Limited & Anor; David Hurst Constructions v Richard William Shorten & Anor [2008] NSWSC 546

The failure to serve a complete copy of the adjudication application on the plaintiffs constituted a denial of natural justice significant enough to render the adjudication determinations void, and material prejudice is established as the plaintiffs were not provided with all documents to which they were lawfully entitled before the adjudication decision was made. The adjudicator's mistake concerning previous Supreme Court findings further contributed to that denial.

Parties
First Plaintiff: Richard Shorten; Second Plaintiff: Lorraine Shorten; First Defendant: David Hurst Constructions Pty Limited; Second Defendant: Ian Hillman
Jurisdiction
Australia
Judgment Date
05 June 2008
Procedural Posture
Application to Set Aside Adjudication Determinations Under Building and Construction Industry Security of Payment Act 1999 / Principal Judgment Following Contested Hearing
Outcome
Plaintiffs entitled to relief; adjudication determinations set aside
Legal Topics
Security of Payment, Natural Justice, Jurisdictional Error, Materiality in Adjudication, Nullus Commodum Capere Potest De Injuria Sua Propria
Building and Construction Law Administrative Law Security of Payment Natural Justice Jurisdictional Error Materiality in Adjudication Nullus Commodum Capere Potest De Injuria Sua Propria

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Richard Shorten

First Plaintiff

Lorraine Shorten

Second Plaintiff

David Hurst Constructions Pty Limited

First Defendant

Ian Hillman

Second Defendant

Procedural Posture

Application to Set Aside Adjudication Determinations Under Building and Construction Industry Security of Payment Act 1999 / Principal Judgment Following Contested Hearing

Legal Issues

  1. 1 Whether the adjudicator denied the plaintiffs natural justice in the adjudication process under the Act
  2. 2 Whether the failure to serve a complete copy of the adjudication application constitutes a denial of natural justice and a jurisdictional fact rendering the determination void
  3. 3 Materiality of the adjudicator's mistake and its effect on the validity of the adjudication determination

Ratio Decidendi

The failure to serve a complete copy of the adjudication application on the plaintiffs constituted a denial of natural justice significant enough to render the adjudication determinations void, and material prejudice is established as the plaintiffs were not provided with all documents to which they were lawfully entitled before the adjudication decision was made. The adjudicator's mistake concerning previous Supreme Court findings further contributed to that denial.

Court Disposition

Plaintiffs entitled to relief; adjudication determinations set aside

Orders

  • Declarations and orders made in terms of paragraph (i), (iii), (iv) of the further amended summons; short minutes to be brought in for final orders; costs to be argued