Bouygues Construction Australia Pty Ltd v Southern Cross Electrical Engineering Ltd [2017] NSWSC 1665

Bouygues Construction Australia Pty Ltd v Southern Cross Electrical Engineering Ltd [2017] NSWSC 1665

The Court found there is a serious question to be tried as to whether the adjudicator acted beyond jurisdiction due to legal unreasonableness and misconstruction of s 20(2B) of the Act. The balance of convenience favoured granting interlocutory relief by way of injunction restraining enforcement of the adjudication determination pending final hearing.

Jurisdiction
Australia
Judgment Date
30 November 2017
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction Pending Final Hearing
Outcome
Interlocutory injunction granted restraining enforcement of adjudication determination until final hearing.
Legal Topics
['security of Payment' 'interlocutory Injunctions' 'adjudication Review' 'jurisdictional Error']
['building and Construction' 'equity'] ['security of Payment' 'interlocutory Injunctions' 'adjudication Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction Pending Final Hearing

Legal Issues

  1. 1 ['Whether there is a serious question to be tried that the adjudicator acted beyond jurisdiction under the Building and Construction Industry Security of Payment Act 1999 (NSW)' "Whether the adjudicator's conclusion regarding liquidated damages was legally unreasonable" 'Whether the adjudicator misconstrued s 20(2B) of the Act by refusing to consider evidence not in the payment schedule' 'Whether the balance of convenience favours an interlocutory injunction']

Ratio Decidendi

The Court found there is a serious question to be tried as to whether the adjudicator acted beyond jurisdiction due to legal unreasonableness and misconstruction of s 20(2B) of the Act. The balance of convenience favoured granting interlocutory relief by way of injunction restraining enforcement of the adjudication determination pending final hearing.

Court Disposition

Interlocutory injunction granted restraining enforcement of adjudication determination until final hearing.

Orders

  • ['Parties to confer and agree on orders to give effect to the reasons.' "Bouygues's costs of this application to be costs in the proceedings." 'Matter referred for allocation of final hearing date.']