Boutique Developments Ltd v Construction & Contract Services Pty Ltd & Anor [2007] NSWSC 1042

Boutique Developments Ltd v Construction & Contract Services Pty Ltd & Anor [2007] NSWSC 1042

The expert reports provided do not constitute 'construction work' or 'related goods and services' under the Building and Construction Industry Security of Payment Act 1999. It is for the adjudicator to determine jurisdiction. Accordingly, the application for injunction is dismissed.

Parties
Plaintiff: Boutique Developments Ltd; First Defendant: Construction & Contract Services Pty Ltd; Second Defendant: The Institute of Arbitrators and Mediators Australia
Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Injunction Application / Ex Tempore Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
Injunctions, Adjudication Determination, Jurisdiction of Adjudicator, Construction Work Definition
Administrative Law Building and Construction Law Injunctions Adjudication Determination Jurisdiction of Adjudicator Construction Work Definition

Case Brief

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Parties

Boutique Developments Ltd

Plaintiff

Construction & Contract Services Pty Ltd

First Defendant

The Institute of Arbitrators and Mediators Australia

Second Defendant

Procedural Posture

Injunction Application / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 Whether preparation of expert reports for use in litigation against an insurer constitutes 'construction work' or 'related goods and services' under the Building and Construction Industry Security of Payment Act 1999
  2. 2 Whether the court should decide adjudicator's jurisdiction prior to adjudication determination

Ratio Decidendi

The expert reports provided do not constitute 'construction work' or 'related goods and services' under the Building and Construction Industry Security of Payment Act 1999. It is for the adjudicator to determine jurisdiction. Accordingly, the application for injunction is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Summons dismissed
  • Plaintiff to pay first defendant's costs