Adjudication

Urban Traders v Paul Michael [2009] NSWSC 1072

In Urban Traders v Paul Michael NSWSC 1072 (15 October 2009), the Supreme Court of New South dealt with an Application for an injunction. The Applicant claimed respondent builder served payment claims in respect of issues already dealt with by adjudicator. Claimed re-agitation of issues amounted to abuse of process and issue estoppel under (NSW) Building and Construction Industry Security of Payment Act 1999. The Applicant claimed lost profit claim not claim for cost of construction work therefore did not fall under Act s 27(2A). Held: Re-agitation of claims amounted to abuse of process as issues able to be resolved under interim dispute resolution under Act and no material change in circumstances warranted reopening of judgment. Injunction not granted for lost profit claim as whether lost profit fell under Act capable of determination by adjudicator. Res judicata principles did not apply as adjudicator's decision not final determination of contractual rights. Application granted in part.