Samuel Homes Pty Ltd v Derek Raithby [2017] NSWSC 205

Samuel Homes Pty Ltd v Derek Raithby [2017] NSWSC 205

Relief to quash the adjudication determination is withheld as a matter of discretion owing to the plaintiff's deliberate and significant delay in bringing proceedings contrary to the statutory requirement for expedition, and its conduct exacerbates rather than excuses the delay.

Source-derived case information.

Parties
Plaintiff: Samuel Homes Pty Ltd; Defendant: Derek Raithby; Submitting Appearance: N. King
Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Proceedings Seeking Judicial Review (certiorari) of Adjudication Determination / Final Judgment and Orders
Outcome
Proceedings dismissed with costs.
Legal Topics
Judicial Review of Adjudication Determination, Delay and Discretionary Relief, Security of Payment, Enforcement of Judgment
Building and Construction Civil Procedure Judicial Review of Adjudication Determination Delay and Discretionary Relief Security of Payment Enforcement of Judgment

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Parties

Samuel Homes Pty Ltd

Plaintiff

Derek Raithby

Defendant

N. King

Submitting Appearance

Procedural Posture

Proceedings Seeking Judicial Review (certiorari) of Adjudication Determination / Final Judgment and Orders

Legal Issues

  1. 1 Whether relief should be granted to quash an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Effect of delay in bringing proceedings for relief
  3. 3 Whether the adjudicator committed jurisdictional error

Ratio Decidendi

Relief to quash the adjudication determination is withheld as a matter of discretion owing to the plaintiff's deliberate and significant delay in bringing proceedings contrary to the statutory requirement for expedition, and its conduct exacerbates rather than excuses the delay.

Court Disposition

Proceedings dismissed with costs.

Orders

  • Proceedings dismissed with costs.
  • Monies currently standing in Court, that is $18,799, be paid to the first defendant.