Full Court Minute Books

Case S145/2017

Probuild Constructions (Aust) Pty Ltd v. Shade Systems Pty Ltd & Anor

Case No.


Case Information

Lower Court Judgment

23/12/2016 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Basten JA, Macfarlan JA, Leeming JA)

[2016] NSWCA 379


Jurisdiction – Error of law on face of record – Building and Construction Industry Security of Payment Act 1999 (NSW) – Where adjudicator made determination under s 22(1) that progress payment to be paid by appellant – Where primary judge made order in nature of certiorari under Supreme Court Act 1970 (NSW) s 69 quashing determination for error of law on face of record – Where Court of Appeal held relief not available to quash determination under Act for error of law on face of record – Whether Court of Appeal erred in holding that Supreme Court’s power to make orders in nature of certiorari for error of law on face of record ousted in relation to determinations under Act.

Short particulars


12/05/2017 Hearing (SLA, Canberra)

26/05/2017 Notice of appeal

30/05/2017 Submitting appearance (Second Respondent)

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (First Respondent)

21/07/2017 Reply

09/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/02/2018 Judgment (Judgment summary)