Rodrigues v customOz Services Pty Ltd [2023] NSWSC 379

Rodrigues v customOz Services Pty Ltd [2023] NSWSC 379

The 12 October 2022 payment claim validly consolidated earlier, withdrawn invoices, and complied with s 13 of SOPA, as allowed by s 13(6)(b). The plaintiffs' 'without prejudice' email did not amount to a payment schedule as it failed to provide reasons for partial payment, was issued on a confidential basis, and was thus inadmissible and insufficient under s 14 SOPA. The adjudication application was therefore made within time, the adjudicator had jurisdiction, and there was no lack of procedural fairness. The summons was dismissed.

Parties
First Plaintiff: Frank Rodrigues; Second Plaintiff: Janina Rodrigues; First Defendant: customOz Services Pty Ltd
Jurisdiction
Australia
Judgment Date
17 April 2023
Procedural Posture
Summons / Principal Judgment
Outcome
Summons dismissed
Legal Topics
Security of Payment, Payment Claim Validity, Payment Schedules, Adjudication
Building and Construction Law Equity Security of Payment Payment Claim Validity Payment Schedules Adjudication

Case Brief

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Parties

Frank Rodrigues

First Plaintiff

Janina Rodrigues

Second Plaintiff

customOz Services Pty Ltd

First Defendant

Procedural Posture

Summons / Principal Judgment

Legal Issues

  1. 1 Whether the adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is void for jurisdictional error
  2. 2 Whether the payment claim issued on 12 October 2022 was valid under section 13 SOPA
  3. 3 Whether the plaintiffs' 'without prejudice' email amounted to a payment schedule under SOPA

Ratio Decidendi

The 12 October 2022 payment claim validly consolidated earlier, withdrawn invoices, and complied with s 13 of SOPA, as allowed by s 13(6)(b). The plaintiffs' 'without prejudice' email did not amount to a payment schedule as it failed to provide reasons for partial payment, was issued on a confidential basis, and was thus inadmissible and insufficient under s 14 SOPA. The adjudication application was therefore made within time, the adjudicator had jurisdiction, and there was no lack of procedural fairness. The summons was dismissed.

Court Disposition

Summons dismissed

Orders

  • Dismiss the summons filed on 30 January 2023.
  • Order the plaintiffs to pay the defendant's costs of the proceedings.