Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685

Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685

There was no 'contract or other arrangement' between Timecon and LLBJV within the meaning of the Building and Construction Industry Security of Payment Act 1999 (NSW), as any arrangement must give rise to a legally binding obligation, and on the evidence no such arrangement existed. Therefore, the adjudicator had no jurisdiction and the Determination is void.

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Principal Judgment / Decision After Hearing
Outcome
Determination void; injunctions and costs awarded to plaintiffs
Legal Topics
['adjudication' 'jurisdiction of Adjudicator' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'whether There Was a Construction Contract']
['equity' 'building and Construction'] ['adjudication' 'jurisdiction of Adjudicator' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'whether There Was a Construction Contract']

Case Brief

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Procedural Posture

Principal Judgment / Decision After Hearing

Legal Issues

  1. 1 ["Whether there was a 'contract or other arrangement' between LLBJV and Timecon under the Building and Construction Industry Security of Payment Act 1999 (NSW)" 'Whether the arrangement, if any, was one under which Timecon undertook to carry out construction work or to supply related goods and services for LLBJV']

Ratio Decidendi

There was no 'contract or other arrangement' between Timecon and LLBJV within the meaning of the Building and Construction Industry Security of Payment Act 1999 (NSW), as any arrangement must give rise to a legally binding obligation, and on the evidence no such arrangement existed. Therefore, the adjudicator had no jurisdiction and the Determination is void.

Court Disposition

Determination void; injunctions and costs awarded to plaintiffs

Orders

  • ['Declare that the determination of the second defendant dated 2 January 2019 is void.' 'Order that the first defendant be restrained from requesting an adjudication certificate under s 24(1) or filing an adjudication certificate as judgment under s 25 of the Building and Construction Industry Security of Payment...