Multipower v S & H Electrics [2006] NSWSC 757

Multipower v S & H Electrics [2006] NSWSC 757

Even if the adjudication application was made out of time, such an error is not a failure to comply with a 'basic and essential' requirement of the Act. Therefore, the adjudicator’s determination is not void and should stand.

Jurisdiction
Australia
Judgment Date
10 July 2006
Procedural Posture
Judicial Review of Adjudicator's Determination / Judgment on Originating Summons
Outcome
Summons dismissed; injunction dissolved; costs to defendant; monies paid out to defendant
Legal Topics
['security of Payment' 'judicial Review' 'adjudicator’s Jurisdiction' 'time Limits' 'costs']
['building and Construction' 'administrative Law'] ['security of Payment' 'judicial Review' 'adjudicator’s Jurisdiction' 'time Limits' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Judicial Review of Adjudicator's Determination / Judgment on Originating Summons

Legal Issues

  1. 1 ['Whether the adjudication application under the Building and Construction Industry Security of Payment Act 1999 was made outside the time limit prescribed by s 17(3)' "Whether failure to comply with that time limit is a 'basic and essential' requirement that vitiates the determination" 'Whether the adjudicator addressed the wrong question, failed to consider relevant material, or considered irrelevant material']

Ratio Decidendi

Even if the adjudication application was made out of time, such an error is not a failure to comply with a 'basic and essential' requirement of the Act. Therefore, the adjudicator’s determination is not void and should stand.

Court Disposition

Summons dismissed; injunction dissolved; costs to defendant; monies paid out to defendant

Orders

  • ['The injunction granted on 21 June 2006 is dissolved.' 'The summons is dismissed.' 'The monies brought into Court by the plaintiff are to be paid out to the defendant or as it directs.' "The plaintiff is to pay the defendant's costs of the proceedings."]