Australia, April 27 -- New South Wales Land and Environment Court issued text of the following judgement on March 27:
1. HER HONOUR: The plaintiff owner, Woonona-Bulli RSL Memorial Club Ltd, seeks to quash part of an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW). The Club had a 'cost plus' head contract with builder, Warrane-Design Construct Fit-Out Pty Ltd. The adjudicator concluded that the builder was entitled to 'upstream' delay costs charged by its subcontractor, All Civil Solutions Group Pty Ltd, to the Club.
2. The Club contends that the adjudicator fell into jurisdictional error by, effectively, accepting an adjudication determination of the delay costs as between t...