MPM Constructions v Trepcha Constructions [2004] NSWSC 103

MPM Constructions v Trepcha Constructions [2004] NSWSC 103

A determination made by an adjudicator under the Act outside the time limit is not for that reason invalid; s 21(3)(a) is procedural and does not go to jurisdiction. The challenge to the determination thereby fails.

Parties
Plaintiff: MPM Constructions Pty Limited; Defendant: Trepcha Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
18 February 2004
Procedural Posture
Civil / Final Hearing, Judgment
Outcome
amended summons dismissed with costs
Legal Topics
Progress Payment, Adjudication Determination, Statutory Time Limits, Validity of Out of Time Determinations
Building and Construction Progress Payment Adjudication Determination Statutory Time Limits Validity of Out of Time Determinations

Case Brief

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Parties

MPM Constructions Pty Limited

Plaintiff

Trepcha Constructions Pty Limited

Defendant

Procedural Posture

Civil / Final Hearing, Judgment

Legal Issues

  1. 1 Whether a determination made by an adjudicator under the Building and Construction Industry Security of Payment Act 1999 outside the time prescribed by s 21(3)(a) is invalid

Ratio Decidendi

A determination made by an adjudicator under the Act outside the time limit is not for that reason invalid; s 21(3)(a) is procedural and does not go to jurisdiction. The challenge to the determination thereby fails.

Court Disposition

amended summons dismissed with costs

Orders

  • The amended summons is dismissed with costs.