Icon Co (NSW) Pty Ltd v AMA Glass Facades Pty Ltd [2019] NSWSC 250
The Second Durham Determination was quashed as the payment claim was a repetition of a claim already determined by the Rivlin Determination, and AMA’s challenge to the Rivlin Determination was made outside the prescribed time limit without explanation; discretion to extend time was not exercised and relief was withheld due to prejudice and delay.
- Jurisdiction
- Australia
- Judgment Date
- 12 March 2019
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Second Durham Determination quashed. Cross-summons dismissed.
- Legal Topics
- ['security of Payment' 'issue Estoppel' 'abuse of Process' 'adjudication Determinations' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 ['Whether the Second Durham Determination should be quashed for being an abuse of process or for lack of jurisdiction' 'Whether AMA was entitled to challenge the Rivlin Determination outside the time limit' 'Whether issue estoppel precluded re-agitation of contractual construction issues']
Ratio Decidendi
The Second Durham Determination was quashed as the payment claim was a repetition of a claim already determined by the Rivlin Determination, and AMA’s challenge to the Rivlin Determination was made outside the prescribed time limit without explanation; discretion to extend time was not exercised and relief was withheld due to prejudice and delay.
Court Disposition
Second Durham Determination quashed. Cross-summons dismissed.
Orders
- ['Order in the nature of certiorari quashing the Second Durham Determination.' 'Cross-summons dismissed.']
Full Case Text
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