John Goss Projects Pty Ltd v Leighton Contractors

The matter of John Goss Projects Pty Ltd v Leighton Contractors concerned a dispute over the valuation of construction work within the framework of the Building and Construction Industry Security of Payment Act 1999. The primary contention was whether a subsequent adjudicator was bound by the valuation of the same construction work as determined by an earlier adjudicator under section 22(4) of the Act. The first adjudicator had valued the work in a particular manner, and the second adjudicator, upon reviewing the matter, determined that certain obiter dicta in a Supreme Court judgment were incorrect. However, this particular issue was neither advanced by either party nor notified to them. The respondents argued that this constituted a breach of natural justice, a lack of good faith, and an abuse of process under the principles set forth in Brodyn v Davenport.

The court examined whether the lack of notice to the parties about the specific issue of obiter dicta in the Supreme Court judgment was material to the adjudicator's determination. It was held that the obiter dicta were not a material consideration in the adjudicator's decision. The court further found that there was no denial of natural justice or lack of good faith as the issue in question was not critical to the outcome. The court also considered whether bringing the same claim in consecutive adjudications constituted an abuse of process, particularly in light of the possibility that the issue might be raised again in future adjudications. The court concluded that the declaration sought by the respondents had little utility and did not conflict with section 13(4) of the Act, nor was it void under section 34 of the Act.