Kembla Coal & Coke v Select Civil [2004] NSWSC 628

BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudication determination should be quashed - jurisdictional error - jurisdictional fact - whether adjudicator in jurisdictional error by determining amount due where no reference date to which payment claim related - whether existence of reference date a jurisdictional fact - whether adjudicator erred in law by determining application on basis that amendments to Act applied - whether defects liability period commenced "on" date of practical completion or "from" date of practical completion - meaning of time commencing "on" a day - whether validity of notice affected by illegibility - whether adjudicator erred in law by making allowance in determination for costs of preparation of claim - construction of "for" in "for construction work" in s 4 definition of "claimed amount" - whether adjudicator erred in law by allowing in determination amount for delay costs and delay damages - whether adjudicator erred in law by allowing in determination amount for compound interest - whether relief should be withheld on discretionary grounds when point not taken before adjudicator

ACTS CITED: Supreme Court Act 1970 (NSW) - Building and Construction Industry Security of Payment Act (1999) (NSW) - Building and Construction Industry Security of Payment (Amendment) Act 2002 (NSW)

Click here to read full-screen | Click here to print the case