Fifty Property Investments P/L v Barry J O'Mara & Impero Stone [2006] NSWSC 428

BUILDING AND CONSTRUCTION – Resolution of dispute – Adjudication – Determinations – Judicial Review – basic and essential requirements – construction contract – whether jurisdictional fact – held, it is and can be reviewed by court – natural justice – failure to give party opportunity to comment on additional submissions obtained from other party – held, denial of that measure and procedural fairness prescribed by Act.

LEGISLATION CITED: Building and Construction Industry Security of Payment Act , 1999

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