Bauen Constructions v Westwood Interiors [2010] NSWSC 1359

Bauen Constructions v Westwood Interiors [2010] NSWSC 1359

The adjudicator's paragraph 11 gave no intellectual justification for accepting Westwood's asserted completion percentages over Bauen's assertions and therefore showed that the adjudicator did not perform the statutory function required by the Act. That constituted jurisdictional error and denial of natural justice, and relief was not refused as a matter of discretion because the financial difference was not shown to be insignificant.

Jurisdiction
Australia
Judgment Date
18 November 2010
Procedural Posture
Judicial Review of Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Ex Tempore Judgment in the Supreme Court of New South Wales, Equity Division, Technology & Construction List
Outcome
Adjudication determination quashed; declaratory and ancillary relief granted; first defendant ordered to pay the plaintiff's costs.
Legal Topics
['judicial Review' 'jurisdictional Error' 'natural Justice' 'sufficiency of Reasons' 'certiorari' 'security of Payment Adjudication' 'progress Payments' 'valuation of Defective Work']
['administrative Law' 'contract Law' 'construction Law'] ['judicial Review' 'jurisdictional Error' 'natural Justice' 'sufficiency of Reasons' 'certiorari' 'security of Payment Adjudication' 'progress Payments' 'valuation of Defective Work']

Case Brief

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Procedural Posture

Judicial Review of Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Ex Tempore Judgment in the Supreme Court of New South Wales, Equity Division, Technology & Construction List

Legal Issues

  1. 1 ['Whether the adjudicator failed to consider the payment schedule as required by s 22(2)(d) of the Building and Construction Industry Security of Payment Act 1999 (NSW).' "Whether the adjudicator gave sufficient reasons for accepting Westwood's estimates of the percentage of completed works." 'Whether any jurisdictional error or denial of natural justice justified relief, or whether relief should be withheld as a matter of discretion.']

Ratio Decidendi

The adjudicator's paragraph 11 gave no intellectual justification for accepting Westwood's asserted completion percentages over Bauen's assertions and therefore showed that the adjudicator did not perform the statutory function required by the Act. That constituted jurisdictional error and denial of natural justice, and relief was not refused as a matter of discretion because the financial difference was not shown to be insignificant.

Court Disposition

Adjudication determination quashed; declaratory and ancillary relief granted; first defendant ordered to pay the plaintiff's costs.

Orders

  • ['Declaration in terms of prayer 1 of the summons filed on 17 November 2010.' 'Orders in accordance with prayers 2 to 4 of the summons.' 'Order that the exhibit be retained for 28 days and thereafter dealt with in accordance with the Rules.' "The first defendant is to pay the plaintiff's costs of the proceedings."...