Williams v Concreting Services Pty Ltd [2013] NSWSC 366

Williams v Concreting Services Pty Ltd [2013] NSWSC 366

Objectively assessed, the circumstances overwhelmingly showed that Childcare Specialists Australia Pty Ltd, not Mr Williams personally, was the counterparty to the contract or arrangement with Concreting Services Pty Ltd. Those circumstances included the business card, site sign, Mr Williams' shirt, engineers' and surveyors' documents identifying CSA as client, payments by CSA, and conversations showing Mr Galea understood the job to be for CSA. Because the relevant construction contract was not with Mr Williams, the adjudicator had no jurisdiction under the Act to make the Determination against him, and the Determination was void.

Jurisdiction
Australia
Judgment Date
22 April 2013
Procedural Posture
Equity Division Technology and Construction List Proceedings Concerning an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 / Principal Judgment
Outcome
Determination void
Legal Topics
['identification of Counterparty to a Contract or Arrangement' 'adjudication Under the Building and Construction Industry Security of Payment Act 1999' 'jurisdictional Error' 'validity of Adjudication Determination']
['contract' 'building and Construction'] ['identification of Counterparty to a Contract or Arrangement' 'adjudication Under the Building and Construction Industry Security of Payment Act 1999' 'jurisdictional Error' 'validity of Adjudication Determination']

Case Brief

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Procedural Posture

Equity Division Technology and Construction List Proceedings Concerning an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 / Principal Judgment

Legal Issues

  1. 1 ['Whether Mr Williams or Childcare Specialists Australia Pty Ltd was the counterparty to the contract or arrangement pursuant to which Concreting Services Pty Ltd performed work at the Ropes Crossing site.' 'Whether the adjudicator had jurisdiction under the Building and Construction Industry Security of Payment Act 1999 to make the Determination against Mr Williams.' 'Whether the Determination was void.']

Ratio Decidendi

Objectively assessed, the circumstances overwhelmingly showed that Childcare Specialists Australia Pty Ltd, not Mr Williams personally, was the counterparty to the contract or arrangement with Concreting Services Pty Ltd. Those circumstances included the business card, site sign, Mr Williams' shirt, engineers' and surveyors' documents identifying CSA as client, payments by CSA, and conversations showing Mr Galea understood the job to be for CSA. Because the relevant construction contract was not with Mr Williams, the adjudicator had no jurisdiction under the Act to make the Determination against him, and the Determination was void.

Court Disposition

Determination void

Orders

  • ['The Determination is void.' 'The parties were invited to bring in short minutes to give effect to the reasons.']