Williams v Concreting Services [2013] NSWSC 85

Williams v Concreting Services [2013] NSWSC 85

There was a serious question to be tried as to whether a construction contract existed and therefore whether the adjudicator had jurisdiction, making interlocutory relief appropriate; however, because the Act favours prompt payment and the usual practice requires security before restraining enforcement, the injunction was granted only on condition that $110,000 be paid into court or secured by an acceptable guarantee by 5pm on 15 February 2013.

Jurisdiction
Australia
Judgment Date
14 February 2013
Procedural Posture
Building and Construction Adjudication Challenge Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Interlocutory Injunction Pending Final Hearing
Outcome
Interlocutory injunction granted on condition as to payment into court or provision of an acceptable guarantee.
Legal Topics
['building Contracts' 'adjudication Determinations' 'interlocutory Injunctions' 'payment Into Court' 'jurisdiction of Adjudicator']
['building and Construction' 'equity' 'civil Procedure'] ['building Contracts' 'adjudication Determinations' 'interlocutory Injunctions' 'payment Into Court' 'jurisdiction of Adjudicator']

Case Brief

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Procedural Posture

Building and Construction Adjudication Challenge Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Interlocutory Injunction Pending Final Hearing

Legal Issues

  1. 1 ['Whether there was a construction contract between the plaintiff and the first defendant.' 'Whether the second defendant had jurisdiction to make the adjudication determination dated 7 January 2013.' 'Whether interlocutory relief should be granted restraining enforcement of the adjudication determination.' 'Whether payment into court or security for the adjudicated amount should be required as a condition of interlocutory relief.']

Ratio Decidendi

There was a serious question to be tried as to whether a construction contract existed and therefore whether the adjudicator had jurisdiction, making interlocutory relief appropriate; however, because the Act favours prompt payment and the usual practice requires security before restraining enforcement, the injunction was granted only on condition that $110,000 be paid into court or secured by an acceptable guarantee by 5pm on 15 February 2013.

Court Disposition

Interlocutory injunction granted on condition as to payment into court or provision of an acceptable guarantee.

Orders

  • ['Note that the plaintiff by leading counsel gives to the court the usual undertaking as to the damages.' 'On condition that the plaintiff either pay into court by 5pm tomorrow, 15 February 2013, the sum of $110,000, or provide a guarantee in a form acceptable to the Registrar for that sum and by that time, order...