J Hutchinson Pty Ltd v Cada Formwork Pty Ltd (No 2)

J Hutchinson Pty Ltd sought restitution of $233,333.92 plus interest from Cada Formwork Pty Ltd, following an adjudication decision that was found to be void. The third respondent had ordered the payment in a dispute between the applicant and the first respondent. The first respondent opposed the application for restitution, arguing that the court should stay the order as final determination of the parties' competing claims was pending in the District Court. Additionally, the first respondent argued against the applicant's application for costs, claiming it would be unfair to require it to pay costs when it was not at fault for the void adjudication decision.

The court examined the application for restitution and the request for costs in light of the pending District Court proceeding. The court concluded that the circumstances did not justify a stay of the restitution order. Regarding costs, the court found that the ordinary rule of costs following the event should apply, and the first respondent should pay the applicant's costs of and incidental to the application.

The court declared the adjudication decision void and ordered the first respondent to pay the applicant the sum of $233,333.92 plus interest, and also ordered the first respondent to pay the applicant's costs of and incidental to the application on the standard basis.