Ardnas (No 1) Pty Ltd -v- J Group (Aust) Pty Ltd [2012] NSWSC 805

Ardnas (No 1) Pty Ltd -v- J Group (Aust) Pty Ltd [2012] NSWSC 805

As a matter of substance, the two invoices sent under one facsimile and treated in the payment schedule and adjudication determination as a single claim constituted one payment claim comprising two amounts. The premise that the adjudicator determined multiple payment claims for the same reference date was not established, so the proceedings to quash the adjudication determination were dismissed.

Jurisdiction
Australia
Judgment Date
28 June 2012
Procedural Posture
Application to Quash an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Ex Tempore Principal Judgment
Outcome
Proceedings dismissed. Plaintiff to pay the first defendant's costs of the proceedings.
Legal Topics
['security of Payment' 'adjudication Determination' 'payment Claim' 'reference Date' 'jurisdiction']
['building and Construction'] ['security of Payment' 'adjudication Determination' 'payment Claim' 'reference Date' 'jurisdiction']

Case Brief

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Procedural Posture

Application to Quash an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether the adjudicator lacked jurisdiction because the adjudication determination dealt with more than one payment claim served in respect of one reference date contrary to ss 13(1), 13(5) and 17(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW).' 'Whether two invoices sent under cover of one facsimile constituted more than one payment claim or one payment claim as a matter of substance.']

Ratio Decidendi

As a matter of substance, the two invoices sent under one facsimile and treated in the payment schedule and adjudication determination as a single claim constituted one payment claim comprising two amounts. The premise that the adjudicator determined multiple payment claims for the same reference date was not established, so the proceedings to quash the adjudication determination were dismissed.

Court Disposition

Proceedings dismissed. Plaintiff to pay the first defendant's costs of the proceedings.

Orders

  • ['Proceedings dismissed.' '$32,256.16 of the moneys standing in Court are forthwith to be paid to the first defendant.' "The plaintiff is to pay the first defendant's costs of the proceedings."]