Canterbury Bankstown Council v General Works and Construction Pty Ltd [2024] NSWSC 310

Canterbury Bankstown Council v General Works and Construction Pty Ltd [2024] NSWSC 310

The adjudicator's determination of claims for production delay costs, escalation costs, and design costs was within the scope of the payment claim and payment schedule, there was evidence and contractual foundation for the claims as required by the Act, and no jurisdictional error or illogicality/unreasonableness in the determination was established. As such, the application to set aside the adjudication determination failed.

Parties
Plaintiff: Canterbury Bankstown Council; First Defendant: General Works and Construction Pty Ltd; Second Defendant: Australian Solutions Centre Pty Ltd; Third Defendant: Edward Smithies
Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Equity Commercial List / Principal Judgment Determination of Application to Set Aside Adjudication Determination
Outcome
Application dismissed. Plaintiff to pay Defendant's costs.
Legal Topics
Security of Payment, Adjudication Determinations, Jurisdictional Error, Progress Claims, Construction Contracts
Building and Construction Law Administrative Law Security of Payment Adjudication Determinations Jurisdictional Error Progress Claims Construction Contracts

Case Brief

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Parties

Canterbury Bankstown Council

Plaintiff

General Works and Construction Pty Ltd

First Defendant

Australian Solutions Centre Pty Ltd

Second Defendant

Edward Smithies

Third Defendant

Procedural Posture

Equity Commercial List / Principal Judgment Determination of Application to Set Aside Adjudication Determination

Legal Issues

  1. 1 Whether the adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) should be quashed for jurisdictional error
  2. 2 Whether the adjudication determination was outside the scope of the payment claim
  3. 3 Whether the adjudicator's determination lacked a legal or factual basis or was illogical or unreasonable

Ratio Decidendi

The adjudicator's determination of claims for production delay costs, escalation costs, and design costs was within the scope of the payment claim and payment schedule, there was evidence and contractual foundation for the claims as required by the Act, and no jurisdictional error or illogicality/unreasonableness in the determination was established. As such, the application to set aside the adjudication determination failed.

Court Disposition

Application dismissed. Plaintiff to pay Defendant's costs.

Orders

  • The Further Amended Summons dated 1 March 2024 be dismissed.
  • The Plaintiff is to pay the Defendant's costs, as agreed or assessed.