Holmwood Holdings P/L v Halkat Electrical Contractors P/L [2005] NSWSC 1129

BUILDING AND CONSTRUCTION – ADMINISTRATIVE LAW – Building and Construction Industry Security of Payment Act 1999 –grounds for judicial review – grounds on which purported determination may be void – effect of failing to advert, at all, to relevant term of contract - failure to have regard to relevant considerations – distinction between error in considering relevant term and failing to consider it at all - good faith – content of good faith – not limited to dishonesty malice or personal interest – extends to capriciousness – requires genuine and conscientious attempt to exercise power – effect of deciding adjudication on questions of credit where credit irrelevant and failing to attempt to resolve issues by means provided by statute – effect of failing to advert, at all, to a submission made by a party on central issue – distinction between error in considering relevant term and failing to consider it at all - natural justice – extent to which adjudication application may contain material not in payment claim – it may do so, so long as additional material is evidence or argument within scope or ambit of payment claim - extent of requirement to notify party of basis for decision not contemplated in course of submissions – it does not extend to requiring notice of possibility that one party’s version might be preferred to the other’s.

ACTS CITED: Building & Construction Industry Security of Payment Act 1999, ss11, 13, 14, 17, 20, 21, 22, 25

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