Quasar (Constructions) Commercial Pty Limited v Trilla Group Pty Limited [2017] NSWSC 860

Quasar (Constructions) Commercial Pty Limited v Trilla Group Pty Limited [2017] NSWSC 860

There was no substantial or material denial of natural justice; the issues Quasar raised were before the adjudicator and properly addressed within jurisdiction. No basis was found to declare the determination void. Further, as Trilla was trading and solvent, and statutory policy requires payment pending final determination, no stay of enforcement was justified.

Jurisdiction
Australia
Judgment Date
22 June 2017
Procedural Posture
Equity Technology and Construction List / Summons; Decision on Application to Set Aside Adjudication and for Stay of Enforcement
Outcome
Summons dismissed. Money in court to be paid to first defendant. Costs set off, with Trilla to pay costs of adjournment.
Legal Topics
['adjudication Determination' 'natural Justice' 'stay of Proceedings' 'setting Off Liquidated Damages' 'prevention Principle']
['building and Construction Law' 'equity'] ['adjudication Determination' 'natural Justice' 'stay of Proceedings' 'setting Off Liquidated Damages' 'prevention Principle']

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Procedural Posture

Equity Technology and Construction List / Summons; Decision on Application to Set Aside Adjudication and for Stay of Enforcement

Legal Issues

  1. 1 ["Whether the adjudicator's determination was void for denial of natural justice" 'Whether enforcement of the adjudication determination should be stayed']

Ratio Decidendi

There was no substantial or material denial of natural justice; the issues Quasar raised were before the adjudicator and properly addressed within jurisdiction. No basis was found to declare the determination void. Further, as Trilla was trading and solvent, and statutory policy requires payment pending final determination, no stay of enforcement was justified.

Court Disposition

Summons dismissed. Money in court to be paid to first defendant. Costs set off, with Trilla to pay costs of adjournment.

Orders

  • ['Summons filed on 29 March 2017 dismissed' 'Money paid into court by Quasar to be paid to Trilla' 'Directions for parties to bring in draft order by 5pm' "Costs set off; Trilla to pay Quasar's costs of adjournment"]