Allpro Building Services Pty Limited v Micos Architectural Division Pty Limited & Ors [2010] NSWSC 474

Allpro Building Services Pty Limited v Micos Architectural Division Pty Limited & Ors [2010] NSWSC 474

The existence of a history of disputation regarding fees between the adjudicator and the plaintiff, and the adjudicator’s response, gave rise to a reasonable apprehension of bias. The determination was void due to breach of natural justice.

Parties
Plaintiff: Allpro Building Services Pty Limited; First Defendant: Micos Architectural Division Pty Limited; Second Defendant: Mr Ian Hillman; Third Defendant: Australian Solutions Centre
Jurisdiction
Australia
Judgment Date
14 May 2010
Procedural Posture
Principal Judgment / Ex Parte Application for Orders Equity Division, Technology and Construction List
Outcome
Declaration that the determination is void; permanent restraint on enforcement by first defendant; permanent restraint on issuing adjudication certificate by second defendant; proceedings adjourned for costs determination
Legal Topics
Reasonable Apprehension of Bias, Natural Justice, Security of Payment Act, Adjudicator Impartiality
Construction Law Equity Administrative Law Reasonable Apprehension of Bias Natural Justice Security of Payment Act Adjudicator Impartiality

Case Brief

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Parties

Allpro Building Services Pty Limited

Plaintiff

Micos Architectural Division Pty Limited

First Defendant

Mr Ian Hillman

Second Defendant

Australian Solutions Centre

Third Defendant

Procedural Posture

Principal Judgment / Ex Parte Application for Orders Equity Division, Technology and Construction List

Legal Issues

  1. 1 Whether the adjudicator's determination was void due to reasonable apprehension of bias
  2. 2 Whether the rules of natural justice were breached

Ratio Decidendi

The existence of a history of disputation regarding fees between the adjudicator and the plaintiff, and the adjudicator’s response, gave rise to a reasonable apprehension of bias. The determination was void due to breach of natural justice.

Court Disposition

Declaration that the determination is void; permanent restraint on enforcement by first defendant; permanent restraint on issuing adjudication certificate by second defendant; proceedings adjourned for costs determination

Orders

  • Declaration that the determination of adjudicator made under the Building and Construction Industry Security of Payment Act 1999 is void
  • Order permanently restraining first defendant from taking any steps to enforce the Determination