SUPREME COURT OF QUEENSLAND
CITATION:
Watkins Contracting Pty Ltd v Hyatt Ground Engineering Pty Ltd [2018] QSC 65
PARTIES:
Watkins Contracting Pty Ltd
ACN 164 122 721(applicant)
v
Hyatt Ground Engineering Pty Ltd
ACN 063 988 158(first respondent)
Noel Jensen (Adjudicator J1057076)
(second respondent)
Ruth Hatten (Adjudication Registrar)
(third respondent)
FILE NO/S:
Brisbane No 4668 of 2017
DIVISION:
Trial
PROCEEDING:
Civil Hearing
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
29 March 2018
DELIVERED AT:
Brisbane
HEARING DATE:
20 July 2017
JUDGE:
Brown J
ORDER:
The order of the Court is:
1. that the application is dismissed;
2. that the applicant pay the costs of the first respondent;
3. that the parties should make submissions within 7 days as to any orders required in relation to the security for costs.
CATCHWORDS:
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – ADJUDICATION OF PAYMENT CLAIMS – where the applicant (Watkins) and the first respondent (Hyatt) entered into a construction contract – where Watkins alleges it terminated the contract for Hyatt’s breach arising out of an onsite incident – where the terms of the contract are in dispute – where the alleged termination of the contract is in dispute – where Hyatt denies that the alleged termination was effected – where the Hyatt served a payment claim under the Building and Construction Industry Payments Act 2004 – where the adjudicator found in Hyatt’s favour and determined the adjudicated amount – whether the adjudicator refused to consider Watkins’ submission that the construction contract had been terminated – whether jurisdictional error or denial of natural justice – whether the adjudicator denied natural justice in making his decision on a basis not raised by either party – whether the Court could determine jurisdictional fact – whether alternative reference date available.
Building and Construction Industry Payments Act 2004 (Qld)
Queensland Building and Construction Commission Act 1991 (Qld)
Annie Street JV Pty Ltd v MCC Pty Ltd [2016] QSC 268
BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 52 ALJR 20
BRB Modular Pty Ltd v AWX Constructions Pty Ltd [2015] QSC 222
Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393
Chowdhary v Bayne (1999) 29 AAR 100
Craig v State of South Australia (1995) 184 CLR 163
David Hurst Constructions Pty Ltd v Durham [2008] NSWSC 318
FK Gardner & Sons Pty Ltd v Dimin Pty Ltd [2007] 1 Qd R 10
Heavy Plant Leasing Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2013] QCA 386
John Holland Pty Ltd v TAC Pacific Pty Ltd [2010] 1 Qd R 302
Kirk v The Industrial Court of New South Wales (2010) 239 CLR 531
McNab Developments (Qld) Pty Ltd v MAK Construction Services Pty Ltd [2013] QSC 293
McNab NQ Pty Ltd v Walkrete Pty Ltd [2013] QSC 128
Northbuild Construction Pty Ltd v Central Interior Linings Pty Ltd [2012] 1 Qd R 525
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- Case
- [2018] QSC 65
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the adjudicator made a jurisdictional error or denied natural justice by failing to consider Watkins' submission that the construction contract had been terminated, and by making his decision on a basis not raised by either party. The court considered whether the adjudicator's decision could be invalidated on the grounds of a substantial denial of natural justice. The adjudicator had acknowledged the jurisdictional issues, and had noted that Watkins had raised matters in the adjudication response that were not raised in the payment schedule. The court found that the adjudicator correctly determined that the new reasons could not be raised in the adjudication response and that these reasons would not be taken into account in his decision.
In conclusion, the court held that the adjudicator's decision was not invalidated by a substantial denial of natural justice. The court dismissed Watkins' application, ordered that Watkins pay the costs of the first respondent, and requested submissions within 7 days as to any orders required in relation to the security for costs.
Orders
Orders of the court
The order of the Court is:
1. that the application is dismissed;
2. that the applicant pay the costs of the first respondent;
3. that the parties should make submissions within 7 days as to any orders required in relation to the security for costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.