Cardiacos v Cooper Consulting & Construction Services (Aust) Pty Ltd [2009] NSWSC 938

Cardiacos v Cooper Consulting & Construction Services (Aust) Pty Ltd [2009] NSWSC 938

At the relevant time the plaintiff resided in the premises within the meaning of s 7(2)(b), or alternatively proposed to reside in them, so the Building and Construction Industry Security of Payment Act 1999 (NSW) did not apply to the contract; thus the adjudication determination was void.

Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Equity Technology & Construction List / Principal Judgment
Outcome
Declaration that the adjudication determination is void and injunction restraining the first defendant from enforcing it granted.
Legal Topics
['residential Building Work' 'adjudication Determination' 'statutory Interpretation' 'security of Payment']
['contracts' 'building and Construction Law' 'equity'] ['residential Building Work' 'adjudication Determination' 'statutory Interpretation' 'security of Payment']

Case Brief

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Procedural Posture

Equity Technology & Construction List / Principal Judgment

Legal Issues

  1. 1 ['Whether the Building and Construction Industry Security of Payment Act 1999 (NSW) applied to a construction contract for residential building work where the plaintiff resided in or proposed to reside in the premises' 'Whether the adjudication determination was void pursuant to s 7(2)(b) of the Act']

Ratio Decidendi

At the relevant time the plaintiff resided in the premises within the meaning of s 7(2)(b), or alternatively proposed to reside in them, so the Building and Construction Industry Security of Payment Act 1999 (NSW) did not apply to the contract; thus the adjudication determination was void.

Court Disposition

Declaration that the adjudication determination is void and injunction restraining the first defendant from enforcing it granted.

Orders

  • ['Declare that the purported adjudication determination of the second defendant dated 13 May 2009 in adjudication application 2009ADJT197 is void.' 'Order that the first defendant be restrained from requesting any nominating authority to provide an adjudication certificate in respect of the Determination, from...