Holdmark Developers v G J Formwork [2004] NSWSC 905

Holdmark Developers v G J Formwork [2004] NSWSC 905

The adjudication determination was quashed for jurisdictional error because G J Formwork was not entitled to serve more than one payment claim for the same reference date after contract termination, and because the adjudicator failed to value items in accordance with the contract as required, both amounting to jurisdictional errors.

Parties
Plaintiff: Holdmark Developers Pty Limited; First Defendant: G J Formwork Pty Limited; Second Defendant: LEADR; Third Defendant: Peter Thomas Sarlos
Jurisdiction
Australia
Judgment Date
24 September 2004
Procedural Posture
Judicial Review (application to Quash Adjudication Under Security of Payment Act) / Final Judgment
Outcome
Order quashing the adjudication determination for jurisdictional error. Costs awarded to the plaintiff.
Legal Topics
Security of Payment, Jurisdictional Error, Payment Claims, Reference Date, Effect of Contract Termination
Building and Construction Law Security of Payment Jurisdictional Error Payment Claims Reference Date Effect of Contract Termination

Case Brief

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Parties

Holdmark Developers Pty Limited

Plaintiff

G J Formwork Pty Limited

First Defendant

LEADR

Second Defendant

Peter Thomas Sarlos

Third Defendant

Procedural Posture

Judicial Review (application to Quash Adjudication Under Security of Payment Act) / Final Judgment

Legal Issues

  1. 1 Whether the adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) should be quashed for jurisdictional error; whether more than one payment claim may be made for the same reference date after contract termination; whether the adjudicator failed to value items in accordance with the contract as required by the Act.

Ratio Decidendi

The adjudication determination was quashed for jurisdictional error because G J Formwork was not entitled to serve more than one payment claim for the same reference date after contract termination, and because the adjudicator failed to value items in accordance with the contract as required, both amounting to jurisdictional errors.

Court Disposition

Order quashing the adjudication determination for jurisdictional error. Costs awarded to the plaintiff.

Orders

  • Order (1) as sought in the summons made: the adjudication determination is quashed.
  • Defendants to pay the plaintiff's costs of the summons.