Hanave Pty Ltd -v- Nahas Construction (NSW) Pty Ltd [2011] NSWSC 1476

Hanave Pty Ltd -v- Nahas Construction (NSW) Pty Ltd [2011] NSWSC 1476

The adjudicator made no error in considering and accepting the JPQS Report, and the reasons given were adequate. The disclaimer did not prevent reliance by Nahas or consideration by the adjudicator. There was no denial of natural justice and the adjudicator discharged his duties bona fide.

Jurisdiction
Australia
Judgment Date
30 November 2011
Procedural Posture
Principal Judgment / Hearing and Final Judgment on Summons
Outcome
Summons dismissed with costs
Legal Topics
['security of Payment' 'natural Justice' 'adjudication Determination']
['construction Law' 'equity'] ['security of Payment' 'natural Justice' 'adjudication Determination']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Principal Judgment / Hearing and Final Judgment on Summons

Legal Issues

  1. 1 ['Whether the adjudicator failed to make a bona fide attempt to discharge statutory functions' 'Whether the plaintiff was denied natural justice in adjudication determination']

Ratio Decidendi

The adjudicator made no error in considering and accepting the JPQS Report, and the reasons given were adequate. The disclaimer did not prevent reliance by Nahas or consideration by the adjudicator. There was no denial of natural justice and the adjudicator discharged his duties bona fide.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed' 'Monies paid into Court to be paid out to Nahas Construction (NSW) Pty Ltd' 'Injunction restraining Nahas from enforcing adjudication dissolved' 'Plaintiff to pay costs of the proceedings' 'Exhibits to be returned']