Broadview Windows Pty Ltd v Architectural Project Specialists Pty Ltd [2015] NSWSC 955

Broadview Windows Pty Ltd v Architectural Project Specialists Pty Ltd [2015] NSWSC 955

Because the contract made no express provision for reference dates, s 8(2)(b) applied. On the authority of Brodyn and Falgat, reference dates continued to accrue after APS ceased work, subject only to s 13(4)(b). The first payment claim nominated 31 October 2014 and the second payment claim nominated 31 January 2015, so they were not both referable to the same reference date and s 13(5) was not contravened. The adjudicator's determination was therefore not void on the ground advanced by Broadview Windows.

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Summons Seeking Relief Aimed at Quashing an Adjudicator's Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Principal Judgment After Hearing
Outcome
Summons dismissed with costs.
Legal Topics
['validity of Payment Claim' 'reference Dates' 'successive Payment Claims' 'adjudication Determination' 'judicial Review or Quashing Relief']
['building and Construction' 'security of Payment'] ['validity of Payment Claim' 'reference Dates' 'successive Payment Claims' 'adjudication Determination' 'judicial Review or Quashing Relief']

Case Brief

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Procedural Posture

Summons Seeking Relief Aimed at Quashing an Adjudicator's Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the second payment claim was invalid because it was served in respect of the same reference date as the first payment claim contrary to s 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW).' 'Whether reference dates under s 8(2)(b) continue to accrue after construction work has ceased, subject to the time limit in s 13(4)(b).' 'Whether the expression "named month" in s 8(2)(b) should be given the statutory meaning in s 21 of the Interpretation Act 1987 (NSW).']

Ratio Decidendi

Because the contract made no express provision for reference dates, s 8(2)(b) applied. On the authority of Brodyn and Falgat, reference dates continued to accrue after APS ceased work, subject only to s 13(4)(b). The first payment claim nominated 31 October 2014 and the second payment claim nominated 31 January 2015, so they were not both referable to the same reference date and s 13(5) was not contravened. The adjudicator's determination was therefore not void on the ground advanced by Broadview Windows.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The amended summons is dismissed with costs.' 'The exhibit is to be handed out.']