Transgrid v Siemens & Anor [2004] NSWSC 87

Transgrid v Siemens & Anor [2004] NSWSC 87

The Court held relief by way of certiorari should be refused on discretionary grounds and found no reviewable jurisdictional error or denial of procedural fairness. The adjudicator is not required by the Act to be bound by the superintendent’s certification under the contract. Any failure to follow the precise contractual mechanism or value variations in a certain way is not a jurisdictional error but may, at most, be an error within jurisdiction. The legislative scheme is intended to provide a quick, interim solution to progress payment disputes with parties preserving their final rights for resolution in subsequent litigation or arbitration. Alternative remedies exist, and the public...

Parties
Plaintiff: Transgrid; First Defendant: Siemens Limited ACN 004 347 880; Second Defendant: William Timothy Sullivan
Jurisdiction
Australia
Judgment Date
25 February 2004
Procedural Posture
Amended Summons / Final Hearing
Outcome
Summons dismissed with costs.
Legal Topics
Judicial Review of Adjudicator's Determination, Interpretation of Building and Construction Industry Security of Payment Act 1999 (nsw), Contractual Progress Payment Mechanisms, Jurisdictional Error, Discretionary Relief (certiorari), Procedural Fairness/natural Justice
Administrative Law Contract Law Construction Law Judicial Review of Adjudicator's Determination Interpretation of Building and Construction Industry Security of Payment Act 1999 (nsw) Contractual Progress Payment Mechanisms Jurisdictional Error Discretionary Relief (certiorari) +1 more

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Parties

Transgrid

Plaintiff

Siemens Limited ACN 004 347 880

First Defendant

William Timothy Sullivan

Second Defendant

Procedural Posture

Amended Summons / Final Hearing

Legal Issues

  1. 1 Whether an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) is open to judicial review for jurisdictional error or denial of natural justice
  2. 2 Whether adjudicator is bound by the certification of the superintendent as to progress payments under the construction contract
  3. 3 Whether failure to apply s 9(a) or s 9(b) of the Act amounts to jurisdictional error

Ratio Decidendi

The Court held relief by way of certiorari should be refused on discretionary grounds and found no reviewable jurisdictional error or denial of procedural fairness. The adjudicator is not required by the Act to be bound by the superintendent’s certification under the contract. Any failure to follow the precise contractual mechanism or value variations in a certain way is not a jurisdictional error but may, at most, be an error within jurisdiction. The legislative scheme is intended to provide a quick, interim solution to progress payment disputes with parties preserving their final rights for resolution in subsequent litigation or arbitration. Alternative remedies exist, and the public...

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed.
  • Plaintiff to pay defendants' costs.