Jantom Construction Pty Ltd -v- S&V Quality Interiors (NSW) Pty Ltd [2011] NSWSC 670

Jantom Construction Pty Ltd -v- S&V Quality Interiors (NSW) Pty Ltd [2011] NSWSC 670

A purported notice of intention to apply for adjudication served prematurely is invalid and of no effect; because the statutory requirements were not satisfied, the adjudication determination was made without jurisdiction and must be set aside.

Parties
Plaintiff: Jantom Construction Pty Ltd ABN 62 102173848; First Defendant: S&V Quality Interiors (NSW) Pty Ltd ABN 96 145040384; Second Defendant: Phillip Davenport
Jurisdiction
Australia
Judgment Date
16 June 2011
Procedural Posture
Principal Judgment / Decision on Application to Set Aside Adjudication Determination
Outcome
Adjudication determination set aside and of no effect; costs awarded to plaintiff
Legal Topics
Adjudication Under Security of Payment Act, Invalidity of Premature Adjudication Notice, Jurisdiction of Adjudicator
Building and Construction Law Civil Procedure Adjudication Under Security of Payment Act Invalidity of Premature Adjudication Notice Jurisdiction of Adjudicator

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Parties

Jantom Construction Pty Ltd ABN 62 102173848

Plaintiff

S&V Quality Interiors (NSW) Pty Ltd ABN 96 145040384

First Defendant

Phillip Davenport

Second Defendant

Procedural Posture

Principal Judgment / Decision on Application to Set Aside Adjudication Determination

Legal Issues

  1. 1 Whether a notice of intention to apply for adjudication given before the statutory date is valid
  2. 2 Whether a premature adjudication notice affects the jurisdiction of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW)

Ratio Decidendi

A purported notice of intention to apply for adjudication served prematurely is invalid and of no effect; because the statutory requirements were not satisfied, the adjudication determination was made without jurisdiction and must be set aside.

Court Disposition

Adjudication determination set aside and of no effect; costs awarded to plaintiff

Orders

  • The second defendant's adjudication determination number 2011ADJT161-166 dated 11 April 2011 is set aside and is of no effect.
  • The first defendant is to pay the plaintiff's costs of the proceedings.