Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd

(2018) 98 NSWLR 712; [2018] NSWCA 276

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Content of obligation to act in good faith
4. › Whether lack of good faith established by failure to 'grapple with' all matters decision-maker required to consider
5. › Whether lack of good faith requires wilful blindness or conscious maladministration
1. Building and Construction
2. › Adjudication of payment claims
3. › Review of adjudicator's determination
4. › Jurisdictional error
5. › Whether adjudicator's decision invalid for lack of good faith
6. › Whether decision reviewable for failure to 'grapple with' all matters adjudicator required to consider
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 10(1)(b), 22(2)
1. Administrative Law
2. › Judicial review
3. › Mandatory relevant considerations
4. › Failure to take into account mandatory consideration
5. › Whether obligation to 'consider' matters requires giving weight as 'fundamental element' or 'focal point'
6. › Distinction between failure to consider and disagreement with weight given

Quick Take

The obligation of good faith on adjudicators under the Building and Construction Industry Security of Payment Act 1999 (NSW) requires something equivalent to wilful blindness or conscious maladministration, and should not be equated with a failure to 'grapple with' all matters required to be considered; the proper ground of review for such failures is failure to take into account a mandatory consideration.