Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152

Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152

No valid payment claim was served on the plaintiff under any method specified in s 31 of the Act, as there was no evidence that the email address used for service was specified by the plaintiff, nor evidence that the claim actually came to the plaintiff's attention. Therefore, the Adjudicator acted without jurisdiction and the determination must be quashed.

Parties
Plaintiff: Equa Building Services Pty Ltd; First Defendant: A&H Floors 2 Doors Australia Pty Ltd; Second Defendant: Stuart Wood; Third Defendant: Adjudicate Today Pty Ltd
Jurisdiction
Australia
Judgment Date
22 February 2022
Procedural Posture
Principal Judgment / Challenge to Adjudication Determination
Outcome
Adjudication determination declared void and quashed
Legal Topics
Security of Payment, Jurisdiction, Procedural Fairness
Building and Construction Law Equity Security of Payment Jurisdiction Procedural Fairness

Case Brief

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Parties

Equa Building Services Pty Ltd

Plaintiff

A&H Floors 2 Doors Australia Pty Ltd

First Defendant

Stuart Wood

Second Defendant

Adjudicate Today Pty Ltd

Third Defendant

Procedural Posture

Principal Judgment / Challenge to Adjudication Determination

Legal Issues

  1. 1 Whether a payment claim was validly served under the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether the adjudicator had jurisdiction to determine the dispute
  3. 3 Whether the plaintiff was denied procedural fairness in the adjudication process

Ratio Decidendi

No valid payment claim was served on the plaintiff under any method specified in s 31 of the Act, as there was no evidence that the email address used for service was specified by the plaintiff, nor evidence that the claim actually came to the plaintiff's attention. Therefore, the Adjudicator acted without jurisdiction and the determination must be quashed.

Court Disposition

Adjudication determination declared void and quashed

Orders

  • Declare that Adjudication Determination 2021ADJT374 made by the second defendant on 15 September 2021 is void.
  • Order that the said Adjudication Determination be quashed.