Goyder v GE-Elecnor

The application for judicial review/injunction in the case of Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd, and Elecnor Australia Pty Ltd, David Thyer and the Resolution Institute was heard yesterday by Justice Stein in the Supreme Court of South Australia. I appeared for the applicant.

The court indicated that the reasoned judgment should be available within a week or so, and this will add to the jurisprudence on the issue of the reagitation of claims, under section 22 (4) of the Building and Construction Industry Security of Payment Act 2009 (SA), as a matter of abuse of process and as a matter of jurisdiction.