Richard Crookes Constructions Pty Ltd v CES Projects (Aust) Pty Ltd [2016] NSWSC 1119

Richard Crookes Constructions Pty Ltd v CES Projects (Aust) Pty Ltd [2016] NSWSC 1119

The contractor established a serious question to be tried as to whether the adjudicator failed to perform the statutory function by not making reasoned findings as to the amount and value of work performed. Accordingly, interlocutory injunctive relief restraining enforcement of the adjudication determination is appropriate, with the balance of convenience favouring the grant of such relief provided the adjudicated sum is paid into court.

Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (ex Tempore Decision)
Outcome
Interlocutory injunction granted on condition adjudicated amount is paid into court.
Legal Topics
['adjudication Determination' 'interlocutory Injunction' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'payment Claims' 'jurisdiction of Adjudicator']
['equity' 'construction Law'] ['adjudication Determination' 'interlocutory Injunction' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'payment Claims' 'jurisdiction of Adjudicator']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory (ex Tempore Decision)

Legal Issues

  1. 1 ['Whether the adjudicator performed the statutory function of assessing and valuing construction work under the Security of Payment Act' 'Whether there is a serious question to be tried that justifies an interlocutory injunction restraining enforcement of the adjudication determination' 'Whether the balance of convenience supports the grant of interlocutory relief']

Ratio Decidendi

The contractor established a serious question to be tried as to whether the adjudicator failed to perform the statutory function by not making reasoned findings as to the amount and value of work performed. Accordingly, interlocutory injunctive relief restraining enforcement of the adjudication determination is appropriate, with the balance of convenience favouring the grant of such relief provided the adjudicated sum is paid into court.

Court Disposition

Interlocutory injunction granted on condition adjudicated amount is paid into court.

Orders

  • ["Grant interlocutory injunction restraining First Defendant from enforcing adjudicator's determination, on condition that adjudicated amount be paid into court." 'Order to enter the undertaking and direct parties to complete timetable and seek urgent final hearing date.']