Class Electrical Services v Go Electrical [2013] NSWSC 363

Class Electrical Services v Go Electrical [2013] NSWSC 363

The agreement between the parties did not amount to a single construction contract or arrangement under which Go Electrical undertook to supply related goods to Class Electrical; rather, the evidence showed a series of discrete contracts with each order. Accordingly, the adjudicator's determination, which related to multiple contracts, was invalid and must be quashed.

Parties
Plaintiff: Class Electrical Services Pty Limited; First Defendant: Go Electrical Pty Limited; Second Defendant: Philip Davenport; Third Defendant: Adjudicate Today Pty Limited
Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Principal Judgment / Final Judgment at First Instance
Outcome
Plaintiff's claim upheld; adjudicator's determination declared void and quashed.
Legal Topics
Building and Construction Security of Payment Act 1999 (nsw), Meaning of 'construction Contract' Under the Act, Payment Claims and Adjudication, Multiplicity of Contracts Vs Single Contract, Jurisdiction of Adjudicator
Building and Construction Equity Building and Construction Security of Payment Act 1999 (nsw) Meaning of 'construction Contract' Under the Act Payment Claims and Adjudication Multiplicity of Contracts Vs Single Contract Jurisdiction of Adjudicator

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Class Electrical Services Pty Limited

Plaintiff

Go Electrical Pty Limited

First Defendant

Philip Davenport

Second Defendant

Adjudicate Today Pty Limited

Third Defendant

Procedural Posture

Principal Judgment / Final Judgment at First Instance

Legal Issues

  1. 1 Whether there was a single 'construction contract' or multiple contracts for purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether an arrangement between the parties constituted an undertaking to supply related goods under the Act
  3. 3 Whether the adjudicator failed to properly consider the adjudication response and afford natural justice

Ratio Decidendi

The agreement between the parties did not amount to a single construction contract or arrangement under which Go Electrical undertook to supply related goods to Class Electrical; rather, the evidence showed a series of discrete contracts with each order. Accordingly, the adjudicator's determination, which related to multiple contracts, was invalid and must be quashed.

Court Disposition

Plaintiff's claim upheld; adjudicator's determination declared void and quashed.

Orders

  • Declaration in terms of Prayer 1 of the summons filed on 25 February 2013
  • Order in terms of Prayer 2