Anderson Street Banksmeadow Pty Ltd v Helcon Contracting Australia Pty Ltd [2013] NSWSC 657

Anderson Street Banksmeadow Pty Ltd v Helcon Contracting Australia Pty Ltd [2013] NSWSC 657

Because the adjudicator’s determination was affected by a breach of natural justice constituting a jurisdictional error on one discrete issue, and there is only one determination, the entire determination is void and must be quashed; relief in the nature of certiorari and a declaration of voidness should be granted as a matter of course.

Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Consequential Orders / Post Judgment – Orders Following Reasons
Outcome
Declaration that the adjudication determination is void; orders for release of funds to Anderson Street; costs to Anderson Street; order for first defendant to apply to set aside judgment in District Court.
Legal Topics
['adjudication Determination' 'remedies' 'jurisdictional Error' 'certiorari' 'declaratory Relief']
['equity' 'construction Law'] ['adjudication Determination' 'remedies' 'jurisdictional Error' 'certiorari' 'declaratory Relief']

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Procedural Posture

Consequential Orders / Post Judgment – Orders Following Reasons

Legal Issues

  1. 1 ['Whether a declaration should be made that the adjudicator’s determination is void due to jurisdictional error in respect of one issue' 'Whether relief in the nature of certiorari should be granted to set aside or quash the determination' 'Whether only part of the funds paid into court should be returned to the applicant according to the error found']

Ratio Decidendi

Because the adjudicator’s determination was affected by a breach of natural justice constituting a jurisdictional error on one discrete issue, and there is only one determination, the entire determination is void and must be quashed; relief in the nature of certiorari and a declaration of voidness should be granted as a matter of course.

Court Disposition

Declaration that the adjudication determination is void; orders for release of funds to Anderson Street; costs to Anderson Street; order for first defendant to apply to set aside judgment in District Court.

Orders

  • ['Declare that the purported adjudication determination made by the third defendant is void.' 'Order the first defendant to apply to the District Court of New South Wales to set aside the judgment entered on 1 March 2013 in respect of the determination and to take no steps in enforcement of that judgment.' 'Order...