Coordinated Construction Co v J M Hargreaves & Ors [2005] NSWSC 77

Coordinated Construction Co v J M Hargreaves & Ors [2005] NSWSC 77

Inclusion of amounts for delay damages or interest not 'for' construction work in an adjudicator's determination, even if wrong, does not render the determination void as it does not breach a basic and essential precondition under the Act; such matters go to the merits and are within the adjudicator's jurisdiction to decide. Accordingly, all challenges to the validity of the determinations fail.

Jurisdiction
Australia
Judgment Date
22 February 2005
Procedural Posture
Civil / Judgment After Trial
Outcome
summons dismissed
Legal Topics
['progress Payment' "adjudicator's Determination" 'validity of Determination' 'building and Construction Industry Security of Payment Act 1999' 'delay Damages' 'interest on Progress Claims' 'reference Date']
['building and Construction'] ['progress Payment' "adjudicator's Determination" 'validity of Determination' 'building and Construction Industry Security of Payment Act 1999' 'delay Damages' 'interest on Progress Claims' 'reference Date']

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Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ["Whether adjudicators' determinations are void due to inclusion of delay damages or interest not 'for' construction work under the Act" 'Whether determinations made in breach of the Building and Construction Industry Security of Payment Act 1999 are unlawful' 'Whether payment claim was served on or from reference date']

Ratio Decidendi

Inclusion of amounts for delay damages or interest not 'for' construction work in an adjudicator's determination, even if wrong, does not render the determination void as it does not breach a basic and essential precondition under the Act; such matters go to the merits and are within the adjudicator's jurisdiction to decide. Accordingly, all challenges to the validity of the determinations fail.

Court Disposition

summons dismissed

Orders

  • ['Summons dismissed.' 'Unless the parties wish to argue otherwise, costs should follow the event; any application for a different order to be made within 7 days.']