BRODYN PTY LTD T/AS TIME COST AND QUALITY V DAVENPORT & ANOR
 NSWCA 394
Supreme Court of New South Wales – 3 November 2004
Brodyn Pty Ltd T/as Time Cost and Quality (‘Brodyn’) entered into a construction contract with Dasein to undertake concreting work for twelve townhouses at 37 River Road, Wollstonecraft. Brodyn gave notice to Dasein alleging repudiationof the contract by Dasein, and purporting to accept that repudiation. Dasein then served Brodyn with a document stated to be a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) and Brodyn responded with a Payment Schedule, contending that money should be deducted for incomplete work and for rectifying defects and that Dasein had breached cl.43 of the Contract by not furnishing a statutory declaration as to payment of workers. The matter proceeded to Adjudication and the Adjudicator made his determination in favour of Dasein in the sum of $180,059.00,giving reasons which did not refer to the parties’ contentions. Brodyn applied to the Supreme Court for an order to quash the Adjudicator’s Determination on the grounds that the Payment Claim was invalid, and that there had been a denial of natural justice. The judge at first instance considered that a determination could be quashed but refused to grant relief on discretionary grounds. Brodyn then appealed to the Court of Appeal.
Whether or not an Adjudicator’s Determination can be quashed on grounds of validity of the Payment Claim or a denial of natural justice.