BROOKHOLLOW PTY LTD V R&R CONSULTANTS PTY LTD & ANOR [2006] NSWSC 1
Supreme Court of New South Wales – 30 January 2006
FACTS
Brookhollow Pty Ltd (“Brookhollow”) and R&R Consultants Pty Ltd (“R&R”) entered into a subcontract whereby R&R would perform demolition and excavation works. R&R served a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) on Brookhollow in the sum of $169,494.25. Brookhollow did not provide a Payment Schedule in relation to the claim and the matter proceeded to Adjudication.
The Adjudicator, in a brief determination, decided that as Brookhollow had not disputed or denied responsibility for the claim, R&R was entitled to the full amount of the Payment Claim.
Brookhollow appealed the Adjudication Determination on several grounds, most significantly that the Adjudicator had not considered in good faith all the issues and had, in effect, merely “rubber stamped” Claim No 9.
ISSUE
Whether an Adjudicator’s failure to consider the issues in detail result in a lack of good faith, voiding the Determination.
FINDING
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