Northbuild Construction Pty Ltd v Central Interior Linings Pty Ltd & Ors [2010] QSC 95

Administrative Law – Judicial Review – Natural Justice – where there was a construction contract between the applicant and the first respondent – where the matter went to adjudication – where there were discrepancies in the materials before the adjudicator – whether the adjudicator made a bona fide attempt to understand and apply the contract -  Administrative Law – Judicial Review – Natural Justice – where there was a construction contract between the applicant and the first respondent – where variation work was completed by the first respondent – where the matter went to adjudication – where the payment claim included 73 variation claims – where the first  respondent provided a quantity surveyor report with respect to 33 of the variation claims – where the adjudicator did not deal with each variation claim individually – whether the adjudicator correctly considered the contractual requirements with respect to the valuation of variation work – whether the adjudicator made a fair and reasonable valuation of the variation work - Building and Construction Industry Payments Act 2004, s 17, s 18, s 26 -  Brodyn Pty Ltd t/as Time Cost and Quality v Davenport [2003] NSWSC 1019 Brodyn Pty Ltd t/as Time Cost and Quality v Davenport (2004) 61 NSWLR 421 Coordinated Construction Co Pty Ltd v J M Hargraves (NSW) Pty Ltd (2005) 63 NSWLR 385 Downer Construction (Australia) Pty Ltd v Energy Australia & Ors (2007) 69 NSWLR 72 John Holland Pty Ltd v Roads and Traffic Authority of New South Wales [2007] NSWCA 19 Minister for Commerce v Contrax Plumbing (NSW) Pty Ltd [2005] NSWCA 142 Plaza West Pty Ltd v Simon’s Earthworks (NSW) Pty Ltd [2008] NSWCA 279 Queensland Bulk Water Supply Authority t/as Seqwater v McDonald Keen Group Pty Ltd (in liq) [2010] QCA 7 Queensland Bulk Water Supply Authority v McDonald Keen Group Pty Ltd & Anor [2009] QSC 165 Shellbridge Pty Ltd v Rider Hunt Sydney Pty Ltd [2005] NSWSC 1152 Transgrid v Siemens Ltd (2004) 61 NSWLR 521

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