Inten Constructions v Refine Electrical Services & Anor [2006] NSWSC 1282

Inten Constructions v Refine Electrical Services & Anor [2006] NSWSC 1282

Inten's challenge fails because the adjudicator did not depart from the issues submitted; he was entitled or required under the Act to consider the relevant contractual provisions in light of Inten's arguments. There was no denial of natural justice; the measure of natural justice is defined by the statutory scheme. Likewise, there was no lack of Brodyn good faith—none of the asserted grounds are made out, whether individually or cumulatively. The determination stands.

Parties
Plaintiff: Inten Constructions Pty Ltd; First Defendant: Refine Electrical Services Pty Ltd; Second Defendant: Philip Davenport
Jurisdiction
Australia
Judgment Date
01 December 2006
Procedural Posture
Application/summons / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Security of Payment, Natural Justice, Adjudication Determinations, Good Faith of Adjudicator
Building and Construction Law Administrative Law Security of Payment Natural Justice Adjudication Determinations Good Faith of Adjudicator

Case Brief

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Parties

Inten Constructions Pty Ltd

Plaintiff

Refine Electrical Services Pty Ltd

First Defendant

Philip Davenport

Second Defendant

Procedural Posture

Application/summons / Judgment After Hearing

Legal Issues

  1. 1 Whether the adjudicator denied Inten natural justice by determining the dispute on a basis for which neither party contended without giving Inten an opportunity to be heard
  2. 2 Whether the adjudicator failed to exercise powers in good faith—Brodyn good faith—thus rendering the determination void

Ratio Decidendi

Inten's challenge fails because the adjudicator did not depart from the issues submitted; he was entitled or required under the Act to consider the relevant contractual provisions in light of Inten's arguments. There was no denial of natural justice; the measure of natural justice is defined by the statutory scheme. Likewise, there was no lack of Brodyn good faith—none of the asserted grounds are made out, whether individually or cumulatively. The determination stands.

Court Disposition

Application dismissed

Orders

  • The summons is dismissed.
  • Plaintiff (Inten) to pay the first defendant's (Refine) costs, subject to further application within 7 days.