Brefni Pty Ltd v Specific Industries Pty Ltd [2018] NSWSC 578

Brefni Pty Ltd v Specific Industries Pty Ltd [2018] NSWSC 578

There was no error in the adjudicator's decision to consider only the revised payment schedule and not to take into account the adjudication response submitted out of time. The evidence showed proper service of the adjudication application, and the approach taken by the adjudicator was open and correct on the material. Thus, the summons was dismissed.

Parties
Plaintiff: Brefni Pty Ltd; First Defendant: Specific Industries Pty Ltd; Second Defendant: Scott Pettersson
Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Summons / Principal Judgment
Outcome
Summons dismissed with costs
Legal Topics
Security of Payment, Adjudication Determination, Costs
Building and Construction Equity Security of Payment Adjudication Determination Costs

Case Brief

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Parties

Brefni Pty Ltd

Plaintiff

Specific Industries Pty Ltd

First Defendant

Scott Pettersson

Second Defendant

Procedural Posture

Summons / Principal Judgment

Legal Issues

  1. 1 Whether adjudication determination under Building and Construction Industry Security of Payment Act 1999 (NSW) was valid
  2. 2 Whether the adjudicator erred in considering revised payment schedule
  3. 3 Whether the adjudicator erred in not having regard to adjudication response

Ratio Decidendi

There was no error in the adjudicator's decision to consider only the revised payment schedule and not to take into account the adjudication response submitted out of time. The evidence showed proper service of the adjudication application, and the approach taken by the adjudicator was open and correct on the material. Thus, the summons was dismissed.

Court Disposition

Summons dismissed with costs

Orders

  • The plaintiff (Brefni Pty Ltd) to pay the first defendant's (Specific Industries Pty Ltd) costs of the proceedings.
  • Subject to contrary view by a costs assessor, those costs are not to include costs of senior counsel or two counsel; only reasonable costs of briefing competent junior counsel to be allowed, to be assessed so far as possible on the indemnity basis.