Falco’s Pty Limited v AB Developments (Australia) Pty Limited [2017] NSWSC 1320

Falco’s Pty Limited v AB Developments (Australia) Pty Limited [2017] NSWSC 1320

Because two payment claims were served in May 2017 in respect of the only available reference date of 30 April 2017, there was contravention of s 13(5) of the Act, resulting in no right to adjudication and want of jurisdiction in the adjudicator. The adjudication determination must be quashed.

Jurisdiction
Australia
Judgment Date
14 September 2017
Procedural Posture
Principal Judgment / Judgment on Application to Quash Adjudicator's Determination
Outcome
Adjudicator's determination quashed and money in court to be paid to plaintiff. No other order as to costs.
Legal Topics
['security of Payment' 'adjudication' 'reference Dates' 'multiple Payment Claims']
['building and Construction Law'] ['security of Payment' 'adjudication' 'reference Dates' 'multiple Payment Claims']

Case Brief

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Procedural Posture

Principal Judgment / Judgment on Application to Quash Adjudicator's Determination

Legal Issues

  1. 1 ['Whether adjudication determination is valid under Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether there was more than one payment claim served in respect of the same reference date under s 13(5) of the Act' 'Whether adjudicator denied natural justice' 'Whether adjudicator failed statutory function to value the work']

Ratio Decidendi

Because two payment claims were served in May 2017 in respect of the only available reference date of 30 April 2017, there was contravention of s 13(5) of the Act, resulting in no right to adjudication and want of jurisdiction in the adjudicator. The adjudication determination must be quashed.

Court Disposition

Adjudicator's determination quashed and money in court to be paid to plaintiff. No other order as to costs.

Orders

  • ["Quash adjudicator's determination" 'Money in court to be paid out to plaintiff' 'No other order as to costs']