SHELLBRIDGE PTY LTD V RIDER HUNT SYDNEY PTY LTD [2005] NSWSC 1152
Supreme Court of New South Wales – 14 November 2005
FACTS
Shellbridge Pty Ltd (“Shellbridge”) and Rider Hunt Sydney Pty Ltd (“Rider Hunt”) entered into a construction contract whereby Rider Hunt was to provide quantity surveying services.
Rider Hunt submitted three Payment Claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) in the sum of $11,220, in the sum of $2,805 and an aggregate claim in the sum of $14,025.
Shellbridge responded with Payment Schedules indicating its intention to make no payment. The third Payment Claim was referred to Adjudication and determined in favour of Rider Hunt. During the course of the Adjudication, the Adjudicator requested submissions on the “arrangement” between the parties.
Shellbridge then appealed to the Supreme Court, contending that the Adjudication was void on the basis that the Adjudicator failure to consider its submissions which resulted in a substantial denial of natural justice required by the Act.
ISSUES
Whether there was a substantial denial of natural justice.
FINDING
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