Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2007] NSWSC 941

Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2007] NSWSC 941

The adjudicator's failure to consider critical documentation and submissions relating to the defective tiles and liquidated damages claims, which were duly made and directly relevant to the grounds relied upon in the payment schedule, amounted to both a failure to make a bona fide attempt to exercise his statutory powers and a substantial denial of natural justice required by the Act, thereby rendering the adjudication determination void.

Jurisdiction
Australia
Judgment Date
01 November 2007
Procedural Posture
Application to Set Aside Adjudication Determination / Judgment
Outcome
Adjudicator's determination set aside
Legal Topics
['security of Payment' 'jurisdictional Error' 'natural Justice' 'adjudication Determination']
['building and Construction Law' 'administrative Law'] ['security of Payment' 'jurisdictional Error' 'natural Justice' 'adjudication Determination']

Case Brief

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Procedural Posture

Application to Set Aside Adjudication Determination / Judgment

Legal Issues

  1. 1 ['Whether the adjudicator breached a basic and essential requirement of the Building and Construction Industry Security of Payment Act 1999 (NSW) by failing to consider all submissions duly made' 'Whether the adjudicator failed to make a bona fide attempt to exercise powers under the Act' 'Whether the plaintiff was denied the measure of natural justice required under the Act' 'Whether errors made by the adjudicator were of such a nature as to render the determination void']

Ratio Decidendi

The adjudicator's failure to consider critical documentation and submissions relating to the defective tiles and liquidated damages claims, which were duly made and directly relevant to the grounds relied upon in the payment schedule, amounted to both a failure to make a bona fide attempt to exercise his statutory powers and a substantial denial of natural justice required by the Act, thereby rendering the adjudication determination void.

Court Disposition

Adjudicator's determination set aside

Orders

  • []