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High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library

[2018] HCAB 1 (28 February 2018)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Court of Disputed Returns
6: Special Leave Granted
7: Cases Not Proceeding or Vacated
8: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case	Title
Maxcon Constructions Pty Ltd v Vadasz & Ors	Administrative Law
Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor	Administrative Law
Falzon v Minister for Immigration and Border Protection	Constitutional Law
Commissioner of the Australian Federal Police v Hart & Ors; Commonwealth of Australia v Yak 3 Investments Pty Ltd as Trustee for Yak 3 Discretionary Trust & Ors; Commonwealth of Australia & Anor v Flying Fighters Pty Ltd & Ors	Criminal Law
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor	Industrial Law

3: Cases Reserved

Case	Title
DL v The Queen	Criminal Law
CRI026 v Republic of Nauru	Migration
CRI028 v Republic of Nauru	Migration
DWN027 v Republic of Nauru	Migration
EMP144 v Republic of Nauru	Migration
WET044 v Republic of Nauru	Migration
Rozenblit v Vainer & Anor	Procedure

4: Original Jurisdiction

5: Court of Disputed Returns

Case	Title
Re Gallagher	Court of Disputed Returns
Re Kakoschke-Moore	Court of Disputed Returns
Re Lambie	Court of Disputed Returns

6: Special Leave Granted

Case	Title
Mighty River International Limited v Mineral Resources Limited & Ors	Corporations
Johnson v The Queen	Criminal Law
Minister for Immigration and Border Protection v SZMTA & Anor	Migration
Commonwealth of Australia v Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Northern Territory of Australia v Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory of Australia & Anor	Native Title
Commissioner of State Revenue v Placer Dome Inc	Stamp Duty
Amaca Pty Limited v Latz; Latz v Amaca Pty Limited	Torts

7: Cases Not Proceeding or Vacated

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the February 2018 sittings.

Administrative Law

Maxcon Constructions Pty Ltd v Vadasz & Ors

A17/2017: [2018] HCA 5

Judgment delivered: 14 February 2018

Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ

Catchwords:

Administrative law – Judicial review – Building and Construction Industry Security of Payment Act 2009 (SA) – Where subcontract provided for sum to be paid to subcontractor after issue of certificate of occupancy – Where issue of certificate of occupancy required certification from builder that building work performed in accordance with head contract – Where adjudicator appointed to determine…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] HCAB 1
Decision Date

CaseChat Overview and Summary

Maxcon Constructions Pty Ltd v Vadasz & Ors was a case in the High Court of Australia, which heard an appeal against the decision of the South Australian Supreme Court. The case concerned a dispute in relation to a payment claim made under the Building and Construction Industry Security of Payment Act 2009 (SA). The issue for the court was whether the Supreme Court had jurisdiction to quash an adjudicator's determination for non-jurisdictional error of law on the face of the record, and if so, whether the adjudicator's determination involved an error of law. The court found that the Supreme Court had no jurisdiction to quash the adjudicator's determination for non-jurisdictional error of law on the face of the record. The appeal was dismissed. Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor was a case in the High Court of Australia, which heard an appeal against the decision of the New South Wales Supreme Court. The case concerned a dispute in relation to a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW). The issue for the court was whether the Building and Construction Industry Security of Payment Act 1999 (NSW) ousted the jurisdiction of the Supreme Court of New South Wales to make an order in the nature of certiorari to quash an adjudicator's determination for non-jurisdictional error of law on the face of the record. The court found that the Building and Construction Industry Security of Payment Act 1999 (NSW) did not oust the jurisdiction of the Supreme Court of New South Wales to make an order in the nature of certiorari to quash an adjudicator's determination for non-jurisdictional error of law on the face of the record. The appeal was dismissed.

Orders