Broad Construction Services (NSW) Pty Limited v Michael Vadasz [2008] NSWSC 1057

Broad Construction Services (NSW) Pty Limited v Michael Vadasz [2008] NSWSC 1057

The adjudicator acted within his power in determining that the Douglas Partners' report was not a submission 'duly made' in support of the payment schedule and thus correctly excluded it from consideration; such exclusion did not constitute denial of natural justice or invalidate the determination under the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 August 2008
Procedural Posture
Construction Contract Claim Under Building and Construction Industry Security of Payment Act 1999 / Judgment on Review of Adjudication Determination
Outcome
Plaintiff's summons dismissed. Plaintiff to pay first defendant's costs. Amount paid into court and interest to be paid to first defendant. Exhibits remain with papers for twenty-eight days then dealt with as per rules.
Legal Topics
['building and Construction Industry Security of Payment Act 1999' 'adjudication Determination' 'procedural Fairness' 'natural Justice']
['construction Law'] ['building and Construction Industry Security of Payment Act 1999' 'adjudication Determination' 'procedural Fairness' 'natural Justice']

Source-derived case record

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Procedural Posture

Construction Contract Claim Under Building and Construction Industry Security of Payment Act 1999 / Judgment on Review of Adjudication Determination

Legal Issues

  1. 1 ["Whether the adjudicator's refusal to consider a report constituted denial of procedural fairness" "Whether the expert report constituted a submission 'duly made' in support of payment schedule under the Act" "Whether erroneous exclusion of the report invalidated the adjudicator's determination"]

Ratio Decidendi

The adjudicator acted within his power in determining that the Douglas Partners' report was not a submission 'duly made' in support of the payment schedule and thus correctly excluded it from consideration; such exclusion did not constitute denial of natural justice or invalidate the determination under the statutory scheme as interpreted by appellate authority.

Court Disposition

Plaintiff's summons dismissed. Plaintiff to pay first defendant's costs. Amount paid into court and interest to be paid to first defendant. Exhibits remain with papers for twenty-eight days then dealt with as per rules.

Orders

  • ['Order that the summons be dismissed.' "Order the plaintiff to pay the first defendant's costs of the proceedings." 'Order that the amount of $310,313.27 paid into court by the plaintiff, together with interest thereon, be paid out to the first defendant.' 'Order that the exhibits remain with the papers for...