Supreme Court
New South Wales
Medium Neutral Citation: Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd (No 2) [2017] NSWSC 1303 Hearing dates: On the papers (last submission 21 September 2017) Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Equity Before: Parker J Decision: Determination made in breach of rules of natural justice quashed, and other consequential orders.
Catchwords: Judgments and Orders – construction contracts – challenge to adjudication determination – denial of natural justice – declaration that determination is void – order quashing determination – appropriate relief Cases Cited: Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd (No 2) [2015] VSC 500
Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421; [2004] NSWCA 394
Cardinal Project Services Pty Ltd v Hanave Pty Ltd [2010] NSWSC 1367
Cardinal Project Services Pty Ltd v Hanave Pty Ltd (2011) 81 NSWLR 716; [2011] NSWCA 399
Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190
Cranbrook School v JA Bradshaw Civil Contracting [2013] NSWSC 430
Fifty Property Investments Pty Ltd v O’Mara [2006] NSWSC 428
Parkview Constructions Pty Ltd v Total Lifestyle Windows Pty Ltd [2017] NSWSC 194
Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121Texts Cited: JD Heydon, MJ Leeming, and PG Turner, Meagher, Gummow and Lehane’s Equity Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Quickway Constructions Pty Ltd (Plaintiff)
Electrical Energy Pty Ltd (First Defendant)
Paul J Hick (Second Defendant)Representation: Counsel:
Solicitors:
HK Insall SC (Plaintiff)
FP Hicks/DJ Byrne (First Defendant)
Hugh & Associates (Plaintiff)
Dentons Australia (First Defendant)
File Number(s): 2017/237797 Publication restriction: Nil
Judgment
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The parties have now submitted orders to give effect to the conclusions which I reached in my substantive judgment in this matter: Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd [2017] NSWSC 1140. The orders are agreed by the parties except on one point.
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The issue concerns the appropriate orders to be made to give effect to my conclusion that the Leichhardt adjudication determination involved a denial of natural justice. It is common ground between the parties that the result of this decision is that the determination is (to use a neutral term) invalid.
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The plaintiff has submitted short minutes of order which provide for the Court both to declare the adjudication determination to be “void” and to make an order that it be quashed. The first defendant contends that the only order the Court should make is to quash the determination. I was provided with some references to authority by the parties. I have supplemented those references to authority with further research of my own.
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In Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421, the Court of Appeal considered a case where a challenge was made to an adjudication determination on a number of grounds, including alleged denial of natural justice. Hodgson JA, on behalf of the Court,…
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- Case
- [2017] NSWSC 1303
- Decision Date
CaseChat Overview and Summary
The court's reasoning focused on the principles of natural justice and procedural fairness in the context of adjudication proceedings. It examined the nature of the adjudication process, the rights and obligations of the parties, and whether the process followed was fair and just. The court held that the party challenging the determination had a legitimate expectation of procedural fairness, which was breached. Consequently, the determination was found to be void, and the court quashed the determination. The court concluded that the appropriate relief was to declare the determination void and quash it, as it had been made in breach of natural justice.
The final orders of the court included a declaration that the adjudication determination was void and an order quashing the determination. This decision underscores the importance of procedural fairness in adjudication proceedings and the consequences of failing to adhere to these principles. The court's ruling reinforces the need for parties to ensure that adjudication processes are conducted in a manner that upholds the principles of natural justice.
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