Abacus Funds Management Ltd v Davenport [2003] NSWSC 935

Abacus Funds Management Ltd v Davenport [2003] NSWSC 935

The plaintiff's second challenge raised an arguable case of error of law on the face of the record in the adjudicator's determination, justifying preservation of status quo via interlocutory injunction pending determination of the substantive certiorari application. The first challenge did not constitute error of law. Judicial review by way of prerogative writs is not excluded by the Act.

Jurisdiction
Australia
Judgment Date
20 October 2003
Procedural Posture
Interlocutory Injunction Application / Decision on Interlocutory Application
Outcome
Interlocutory injunction granted restraining enforcement of adjudication determination pending substantive application for certiorari. Plaintiff must pay adjudication amount less amount in contention with interest to second defendant and pay amount in contention into court within five business days.
Legal Topics
['prerogative Writs' 'certiorari' 'interlocutory Injunctions' 'judicial Review' 'security of Payment']
['administrative Law' 'construction Law'] ['prerogative Writs' 'certiorari' 'interlocutory Injunctions' 'judicial Review' 'security of Payment']

Case Brief

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Procedural Posture

Interlocutory Injunction Application / Decision on Interlocutory Application

Legal Issues

  1. 1 ["Whether an order in the nature of certiorari lies against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999" 'Whether interlocutory injunction should be granted to restrain enforcement of the adjudication determination']

Ratio Decidendi

The plaintiff's second challenge raised an arguable case of error of law on the face of the record in the adjudicator's determination, justifying preservation of status quo via interlocutory injunction pending determination of the substantive certiorari application. The first challenge did not constitute error of law. Judicial review by way of prerogative writs is not excluded by the Act.

Court Disposition

Interlocutory injunction granted restraining enforcement of adjudication determination pending substantive application for certiorari. Plaintiff must pay adjudication amount less amount in contention with interest to second defendant and pay amount in contention into court within five business days.

Orders

  • ['Injunction restraining second defendant from enforcing adjudication determination or applying for adjudication certificate until further order.' "Injunction conditional on plaintiff paying adjudication amount less $564,585 and accrued interest to second defendant and paying $564,585 into court or into a...