SHORTEN v DAVID HURST CONSTRUCTIONS PTY LTD

摘要

Building and Construction Industry Security of Payment Act 1999 (NSW) - Application of s 22(4) to prior adjudication determinations - Whether there was a denial of natural justice which rendered previous adjudication determinations void - Entitlement different from valuation. Mr and Mrs Shorten entered into a contract with David Hurst Constructions Pty Ltd (the builder) for the construction of 10 apartments in Wagga Wagga, New South Wales. The builder issued two payment claims on 21 November 2007 and 21 December 2007 respectively. The claims were adjudicated upon under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). The adjudicator found in favour of the builder.rnThe Shortens applied to have the first adjudication declared void on the grounds that there had been incomplete service of the adjudication application documents. The Shortens further sought to prevent the second adjudication from being entered as judgment. They argued that, if the first adjudication was void, then any following adjudication which purported to be founded on the first as provided by s 22(4) of the Act, would also be void.