Forte Sydney Construction v Lin Betty Building Group [2018] NSWSC 1429

Forte Sydney Construction v Lin Betty Building Group [2018] NSWSC 1429

The payment schedule provided out of time was not valid. The Adjudicator was not required to consider it, and properly proceeded to determine the application without awaiting further response. The determination was not a breach of natural justice or a failure of statutory function.

Parties
Plaintiff: Forte Sydney Construction Pty Ltd; First Defendant: Lin Betty Building Group Pty Ltd; Second Defendant: Callum Campbell; Third Defendant: Adjudicate Today Pty Ltd
Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Principal Judgment / Application to Quash Adjudicator's Determination
Outcome
Summons dismissed with costs
Legal Topics
Security of Payment, Adjudication, Payment Claims, Payment Schedule Timing
Building and Construction Equity Security of Payment Adjudication Payment Claims Payment Schedule Timing

Case Brief

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Parties

Forte Sydney Construction Pty Ltd

Plaintiff

Lin Betty Building Group Pty Ltd

First Defendant

Callum Campbell

Second Defendant

Adjudicate Today Pty Ltd

Third Defendant

Procedural Posture

Principal Judgment / Application to Quash Adjudicator's Determination

Legal Issues

  1. 1 Whether a payment schedule provided after the statutory time limit is valid for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether the adjudicator fulfilled his statutory functions in making the determination
  3. 3 Whether the adjudicator failed to consider the relevant payment schedule and supporting materials

Ratio Decidendi

The payment schedule provided out of time was not valid. The Adjudicator was not required to consider it, and properly proceeded to determine the application without awaiting further response. The determination was not a breach of natural justice or a failure of statutory function.

Court Disposition

Summons dismissed with costs

Orders

  • Summons dismissed with costs.
  • Money in court ($319,573.89) to be paid out forthwith to Lin Betty Building Group Pty Ltd.