Brodyn Pty Limited t/as Time Cost and Quality (ACN 001 998 830) v Philip Davenport & Ors

[2003] NSWSC 1019

Supreme Court of NSW

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Scope of relief
5. › Whether certiorari lies for non-jurisdictional error of law on the face of the record
6. › Where legislative scheme inconsistent with availability of that ground of review
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 22, 25(4), 30, 32
8. › Supreme Court Act 1970 (NSW), s 69
1. Building and Construction
2. › Security of payment legislation
3. › Adjudication determinations
4. › Judicial review of adjudication determinations
5. › Grounds upon which judicial review available
6. › Whether limited to jurisdictional error, denial of natural justice and fraud
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 9, 10, 19, 22, 25(4), 32
1. Building and Construction
2. › Security of payment legislation
3. › Nature of adjudication determination
4. › Whether interim determination finally determines parties' rights
5. › Right to curial proceedings and restitution
6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 25, 32

Quick Take

Judicial review of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) is available only on grounds of jurisdictional error, denial of natural justice, or fraud. Relief in the nature of certiorari does not lie to quash a determination on the basis of non-jurisdictional error of law on the face of the record, because s 25(4) of the Act is inconsistent with that ground of review. Parties aggrieved by an adjudication determination must pursue their rights through curial proceedings under s 32, where restitution may be ordered.