Modog Pty Ltd v ZS Constructions (Queenscliff) Pty Ltd [2019] NSWSC 1743

Modog Pty Ltd v ZS Constructions (Queenscliff) Pty Ltd [2019] NSWSC 1743

The 11 September 2019 email and payment summary sheet sent by or on behalf of ZS Queenscliff constituted a valid payment claim under s 13(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW), there was only one payment claim for the relevant reference date, and no jurisdictional error was established—thus, the application to quash the determination failed.

Parties
Plaintiff: Modog Pty Limited; First Defendant: ZS Constructions (Queenscliff) Pty Limited; Second Defendant: Gregory Purcell; Third Defendant: Adjudicate Today Pty Limited
Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Equity Technology and Construction List / Decision on Application to Quash Adjudication Determination
Outcome
Application dismissed; orders for payment out of court and costs to the first defendant.
Legal Topics
Payment Claims, Security of Payment, Adjudication Determination, Jurisdictional Error
Building and Construction Law Administrative Law Payment Claims Security of Payment Adjudication Determination Jurisdictional Error

Case Brief

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Parties

Modog Pty Limited

Plaintiff

ZS Constructions (Queenscliff) Pty Limited

First Defendant

Gregory Purcell

Second Defendant

Adjudicate Today Pty Limited

Third Defendant

Procedural Posture

Equity Technology and Construction List / Decision on Application to Quash Adjudication Determination

Legal Issues

  1. 1 Whether the 11 September 2019 email and attached payment summary sheet constituted a payment claim under s 13(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether the payment claim was sent by an entity entitled to claim under the contract
  3. 3 Whether serving multiple payment claims breached s 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW)

Ratio Decidendi

The 11 September 2019 email and payment summary sheet sent by or on behalf of ZS Queenscliff constituted a valid payment claim under s 13(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW), there was only one payment claim for the relevant reference date, and no jurisdictional error was established—thus, the application to quash the determination failed.

Court Disposition

Application dismissed; orders for payment out of court and costs to the first defendant.

Orders

  • The proceedings be dismissed.
  • The sum of $57,488.66 paid into Court on 1 November 2019 be paid to the first defendant.