QC Communications NSW Pty Ltd v CivComm Pty Ltd [2016] NSWSC 1095

QC Communications NSW Pty Ltd v CivComm Pty Ltd [2016] NSWSC 1095

The adjudication determination was set aside because it was procured by CivComm relying on invoices for work not performed, which CivComm knew to be false. The fraud was material and affected the outcome. Failure to serve supporting material did not result in jurisdictional error nor did it result in a denial of natural justice that affected the outcome.

Parties
Plaintiff: QC Communications NSW Pty Ltd; Defendant: CivComm Pty Ltd
Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Principal Judgment / Decision on Application to Set Aside Adjudication Determination
Outcome
Adjudication determination set aside. Defendant to pay costs.
Legal Topics
Adjudication Determination, Jurisdictional Error, Natural Justice, Fraud, Setting Aside Determination
Building and Construction Equity Adjudication Determination Jurisdictional Error Natural Justice Fraud Setting Aside Determination

Case Brief

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Parties

QC Communications NSW Pty Ltd

Plaintiff

CivComm Pty Ltd

Defendant

Procedural Posture

Principal Judgment / Decision on Application to Set Aside Adjudication Determination

Legal Issues

  1. 1 Whether failure to serve submissions constituted a jurisdictional error or breach of natural justice
  2. 2 Whether adjudication determination was procured by fraud and should be set aside

Ratio Decidendi

The adjudication determination was set aside because it was procured by CivComm relying on invoices for work not performed, which CivComm knew to be false. The fraud was material and affected the outcome. Failure to serve supporting material did not result in jurisdictional error nor did it result in a denial of natural justice that affected the outcome.

Court Disposition

Adjudication determination set aside. Defendant to pay costs.

Orders

  • The adjudication determination made on 18 December 2015 by Mr Philip Martin in favour of the defendant be set aside.
  • The defendant pay the plaintiff's cost of the proceeding.