Brodyn Pty Ltd v Davenport & Anor [2004] NSWSC 254

Brodyn Pty Ltd v Davenport & Anor [2004] NSWSC 254

Although the plaintiff's arguments, if correct, would establish jurisdictional error for which certiorari is available, the adjudication certificate had been filed as a District Court judgment and s 25 barred the plaintiff from challenging the adjudicator's determination in proceedings to set aside that judgment. Because the only utility of certiorari would be to support such an application and no useful result could ensue, the Court in its discretion refused relief.

Jurisdiction
Australia
Judgment Date
02 April 2004
Procedural Posture
Application for an Order in the Nature of Certiorari Under Supreme Court Act 1970, S 69 to Quash an Adjudicator's Determination Under the Building and Construction Industry Security of Payment Act 1999 / Hearing of Summons
Outcome
Summons dismissed with costs.
Legal Topics
['prerogative Writs and Orders' 'certiorari' 'adjudication Determinations' 'building and Construction Industry Security of Payment Act 1999' 'judgment on Adjudication Certificate']
['administrative Law' 'building and Construction Law'] ['prerogative Writs and Orders' 'certiorari' 'adjudication Determinations' 'building and Construction Industry Security of Payment Act 1999' 'judgment on Adjudication Certificate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Order in the Nature of Certiorari Under Supreme Court Act 1970, S 69 to Quash an Adjudicator's Determination Under the Building and Construction Industry Security of Payment Act 1999 / Hearing of Summons

Legal Issues

  1. 1 ["Whether an order in the nature of certiorari lies against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999" 'Whether certiorari should be granted where judgment had been entered for the adjudicated amount' 'Whether s 25 of the Building and Construction Industry Security of Payment Act 1999 rendered an order in the nature of certiorari futile' 'Whether the payment claim on which the adjudication determination was made was invalid because earlier final claims had been served']

Ratio Decidendi

Although the plaintiff's arguments, if correct, would establish jurisdictional error for which certiorari is available, the adjudication certificate had been filed as a District Court judgment and s 25 barred the plaintiff from challenging the adjudicator's determination in proceedings to set aside that judgment. Because the only utility of certiorari would be to support such an application and no useful result could ensue, the Court in its discretion refused relief.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The summons is dismissed.' "The plaintiff is to pay the defendants' costs."]