Hanson Construction Materials Pty Ltd v Brolton Group Pty Limited [2019] NSWSC 1641

Hanson Construction Materials Pty Ltd v Brolton Group Pty Limited [2019] NSWSC 1641

The adjudication determination is void because the adjudicator determined the claim on the basis of a reference date not contended for by either party and without providing the parties an opportunity to make submissions, constituting a substantial denial of natural justice under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Parties
Plaintiff: Hanson Construction Materials Pty Ltd ACN 009 679 734; First Defendant: Brolton Group Pty Limited ACN 112 761 010; Second Defendant: Edward Smithies
Jurisdiction
Australia
Judgment Date
26 November 2019
Procedural Posture
Principal Judgment / Final Determination, Post Hearing
Outcome
Determination declared void; ancillary relief granted
Legal Topics
Adjudication Determination, Natural Justice, Jurisdictional Error, Reference Date, Payment Claims, Conditional Relief, Statutory Task Performance
Building and Construction Equity Adjudication Determination Natural Justice Jurisdictional Error Reference Date Payment Claims Conditional Relief +1 more

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Parties

Hanson Construction Materials Pty Ltd ACN 009 679 734

Plaintiff

Brolton Group Pty Limited ACN 112 761 010

First Defendant

Edward Smithies

Second Defendant

Procedural Posture

Principal Judgment / Final Determination, Post Hearing

Legal Issues

  1. 1 Whether the adjudication determination under Building and Construction Industry Security of Payment Act 1999 (NSW) is void
  2. 2 Whether there was a denial of natural justice
  3. 3 Whether the adjudicator failed to provide parties with opportunity to make submissions regarding reference date

Ratio Decidendi

The adjudication determination is void because the adjudicator determined the claim on the basis of a reference date not contended for by either party and without providing the parties an opportunity to make submissions, constituting a substantial denial of natural justice under the Building and Construction Industry Security of Payment Act 1999 (NSW).

Court Disposition

Determination declared void; ancillary relief granted

Orders

  • Declare that the determination of the second defendant dated 31 October 2019 in respect of adjudication application no 2019-TASC-109 is void.
  • The first defendant is permanently restrained from requesting or filing an adjudication certificate regarding the Determination as judgment for a debt in any court.