Binah Constructions Pty Ltd v PTMG Pty Ltd [2024] NSWSC 872

Binah Constructions Pty Ltd v PTMG Pty Ltd [2024] NSWSC 872

The adjudicator’s determination of the claimed amount was open to him, since the Act permits a payment claim to include all previous progress claims. PTMG was given the opportunity to address the relevant argument and no substantial practical injustice arose; thus, no jurisdictional error was established.

Parties
Plaintiff: Binah Constructions Pty Ltd; First Defendant: PTMG Pty Ltd; Second Defendant: Daniel Fitzpatrick
Jurisdiction
Australia
Judgment Date
19 July 2024
Procedural Posture
Equity Technology and Construction List / Judgment
Outcome
Summons dismissed
Legal Topics
Security of Payment, Adjudication, Jurisdiction, Procedural Fairness
Building and Construction Law Security of Payment Adjudication Jurisdiction Procedural Fairness

Case Brief

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Parties

Binah Constructions Pty Ltd

Plaintiff

PTMG Pty Ltd

First Defendant

Daniel Fitzpatrick

Second Defendant

Procedural Posture

Equity Technology and Construction List / Judgment

Legal Issues

  1. 1 Whether adjudicator had jurisdiction to award amount in excess of adjudication application
  2. 2 Whether adjudicator afforded parties procedural fairness under the Building and Construction Industry Security of Payment Act 1999 (NSW)

Ratio Decidendi

The adjudicator’s determination of the claimed amount was open to him, since the Act permits a payment claim to include all previous progress claims. PTMG was given the opportunity to address the relevant argument and no substantial practical injustice arose; thus, no jurisdictional error was established.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Order that the amount of $48,159.59 paid into Court on 14 June 2024 be paid to the first defendant