Brambles Australia Ltd v Philip Davenport [2004] NSWSC 120

Building and construction - progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 (NSW) - determination made by adjudicator - Administrative law - whether, and if so to what extent, judicial review of adjudications made pursuant to the Act is available - scope of relief available in the nature of a writ of certiorari - grounds upon which judicial review is available - Natural justice in relation to costs - Proper construction of section 7(2)(c) of the Act - Whether the consideration payable for construction work carried out under the contract or for related goods and services supplied under the contract was to be calculated by reference to the value of the work carried out or the value of the goods and services supplied - 

ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Evidence Act 1995 (NSW) - Interpretation Act 1987 (NSW) - Magistrates (Summary Proceedings) Act 1975 (Vic) - Supreme Court Act 1970 (NSW)

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