Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd (No 2) [2017] NSWSC 1303

Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd (No 2) [2017] NSWSC 1303

The most appropriate and complete relief is an order quashing the adjudication determination, as it formally nullifies the decision and prevents its future use or registration; a declaration is unnecessary once such an order is made.

Parties
Plaintiff: Quickway Constructions Pty Ltd; First Defendant: Electrical Energy Pty Ltd; Second Defendant: Paul J Hick
Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Judgment and Orders – Construction Contracts – Challenge to Adjudication Determination / Relief/orders Following Substantive Judgment
Outcome
Adjudication determination quashed; payment directions and no order as to costs.
Legal Topics
Judgments and Orders, Natural Justice, Adjudication Determinations, Appropriate Relief
Equity Construction Law Judgments and Orders Natural Justice Adjudication Determinations Appropriate Relief

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Parties

Quickway Constructions Pty Ltd

Plaintiff

Electrical Energy Pty Ltd

First Defendant

Paul J Hick

Second Defendant

Procedural Posture

Judgment and Orders – Construction Contracts – Challenge to Adjudication Determination / Relief/orders Following Substantive Judgment

Legal Issues

  1. 1 Whether the adjudication determination is invalid due to denial of natural justice
  2. 2 What is the appropriate relief: declaration of voidness and/or quashing order

Ratio Decidendi

The most appropriate and complete relief is an order quashing the adjudication determination, as it formally nullifies the decision and prevents its future use or registration; a declaration is unnecessary once such an order is made.

Court Disposition

Adjudication determination quashed; payment directions and no order as to costs.

Orders

  • The adjudication determination of the second defendant dated 28 July 2017 reference number 2017-TASC-060 is quashed.
  • The $70,020.27 paid into Court by the plaintiff is to be paid out as follows: $24,938.22 to the first defendant and $45,082.05 to the plaintiff.