Iridium Developments Pty Ltd v A-Civil Aust Pty Ltd [2021] NSWSC 1601

Iridium Developments Pty Ltd v A-Civil Aust Pty Ltd [2021] NSWSC 1601

Section 13(4)(b) of the Security of Payment Act is a jurisdictional fact of the second kind, meaning it is for the adjudicator to form an opinion as to its satisfaction; as the adjudicator lawfully formed the opinion that the payment claim included work carried out within 12 months of service, the determination is not void for jurisdictional error even if that finding is wrong.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Judicial Review / Application to Set Aside Adjudication / Principal Judgment; Determination of Substantive Dispute
Outcome
Proceedings dismissed; adjudication determination stands, no jurisdictional error found.
Legal Topics
['security of Payment' 'judicial Review' 'jurisdictional Error' 'construction Contracts']
['building and Construction' 'equity' 'commercial Law'] ['security of Payment' 'judicial Review' 'jurisdictional Error' 'construction Contracts']

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Procedural Posture

Judicial Review / Application to Set Aside Adjudication / Principal Judgment; Determination of Substantive Dispute

Legal Issues

  1. 1 ['Whether adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) was void for jurisdictional error due to time bar under s 13(4)(b)' 'Whether s 13(4)(b) is a jurisdictional fact to be determined by court or by opinion of the adjudicator']

Ratio Decidendi

Section 13(4)(b) of the Security of Payment Act is a jurisdictional fact of the second kind, meaning it is for the adjudicator to form an opinion as to its satisfaction; as the adjudicator lawfully formed the opinion that the payment claim included work carried out within 12 months of service, the determination is not void for jurisdictional error even if that finding is wrong.

Court Disposition

Proceedings dismissed; adjudication determination stands, no jurisdictional error found.

Orders

  • ['Parties to prepare short minutes of order giving effect to the reasons for judgment.' 'If parties cannot agree, each is to provide their proposed orders and brief submissions by 5pm on 13 December 2021.' 'Proceedings listed for orders and hearing of any motion at 9.30am on 15 December 2021.' 'Any notice of motion...