Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571

Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571

The Determination was void because the 14 August 2012 payment claim was a second payment claim in respect of the 30 June 2012 reference date. The contract made no express provision for reference dates, the last month named in a claim as a month in which work was undertaken was June 2012, and Proyalbi had already served the 2 July 2012 payment claim for that reference date. Section 13(5) prohibited a further payment claim for the same reference date, so the 14 August 2012 claim was not a valid payment claim under the Act and could not provide a jurisdictional basis for the Adjudicator's Determination.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Equity Division Technology and Construction List Proceedings Concerning an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 / Principal Judgment After Hearing
Outcome
Determination void
Legal Topics
['security of Payment Adjudication' 'jurisdictional Error' 'reference Date' 'payment Claim Validity' 'bona Fide Attempt to Determine' 'procedural Fairness']
['building and Construction' 'administrative Law'] ['security of Payment Adjudication' 'jurisdictional Error' 'reference Date' 'payment Claim Validity' 'bona Fide Attempt to Determine' 'procedural Fairness']

Case Brief

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Procedural Posture

Equity Division Technology and Construction List Proceedings Concerning an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether Proyalbi's 14 August 2012 payment claim was invalid because it was a second payment claim in respect of the 30 June 2012 reference date contrary to s 13(5) of the Act." 'Whether the expression "named month" in s 8(2)(b) of the Act meant the month named in the claim as the month in which the work was undertaken.' 'Whether the 14 August 2012 payment claim identified the construction work or related goods and services as required by s 13(2)(a) of the Act.' 'Whether the Adjudicator failed to make a bona fide attempt to determine the matter referred to him.' 'Whether the Adjudicator denied Grid Projects procedural fairness.']

Ratio Decidendi

The Determination was void because the 14 August 2012 payment claim was a second payment claim in respect of the 30 June 2012 reference date. The contract made no express provision for reference dates, the last month named in a claim as a month in which work was undertaken was June 2012, and Proyalbi had already served the 2 July 2012 payment claim for that reference date. Section 13(5) prohibited a further payment claim for the same reference date, so the 14 August 2012 claim was not a valid payment claim under the Act and could not provide a jurisdictional basis for the Adjudicator's Determination.

Court Disposition

Determination void

Orders

  • ['The Determination made on 17 September 2012 was made without jurisdiction and is void.' 'The parties were invited to bring in short minutes to give effect to the reasons.']