Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288

Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288

The existence of a reference date to support a payment claim is not a jurisdictional fact; challenges to reference dates are matters for adjudicators, not courts, and the impugned payment claim was not shown to be a second claim for a reference date in breach of s 13(5).

Jurisdiction
Australia
Judgment Date
25 September 2015
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed; primary judgment set aside.
Legal Topics
['security of Payment' 'jurisdictional Error' 'reference Dates' 'adjudication' 'payment Claims']
['administrative Law' 'statutory Construction' 'construction Law'] ['security of Payment' 'jurisdictional Error' 'reference Dates' 'adjudication' 'payment Claims']

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Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the existence of a reference date in s 8 of the Building and Construction Industry Security of Payment Act 1999 (NSW) is a jurisdictional fact' 'Whether satisfaction of s 8(1) is essential to a valid payment claim under s 13' 'Whether the impugned payment claim was a second or subsequent claim in respect of a reference date under s 13(5)']

Ratio Decidendi

The existence of a reference date to support a payment claim is not a jurisdictional fact; challenges to reference dates are matters for adjudicators, not courts, and the impugned payment claim was not shown to be a second claim for a reference date in breach of s 13(5).

Court Disposition

Appeal allowed; primary judgment set aside.

Orders

  • ['Appeal allowed.' 'Set aside orders 1, 2 and 4 made by the Equity Division of the Supreme Court of New South Wales on 15 May 2015.' 'Order that the summons filed in Court on 2 April 2015 is dismissed with costs.' "Order that funds in Court (including any accrued interest) be paid out to the first defendant or the...