Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd [2020] NSWCA 172
The appeal is dismissed as the adjudicator failed to determine the adjudicated amount required under s 22(1)(a) of the Act, resulting in jurisdictional error and a void determination. The contractor was entitled to pursue a second adjudication application without obtaining declaratory relief.
- Jurisdiction
- Australia
- Judgment Date
- 11 August 2020
- Procedural Posture
- Appeal / Decision
- Outcome
- Appeal dismissed
- Legal Topics
- ['progress Payments' "adjudicator's Determination" 'jurisdictional Error' 'withdrawal of Adjudication Applications' 'building and Construction Industry Security of Payment Act 1999 (nsw)']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Decision
Legal Issues
- 1 ['Whether right to progress payment arose before suspension' 'Whether adjudicator determined amount of progress payment' 'Whether adjudicator committed jurisdictional error' 'Whether contractor entitled to withdraw adjudication application under s 26 and file a new application' 'Whether necessary to first obtain declaratory relief']
Ratio Decidendi
The appeal is dismissed as the adjudicator failed to determine the adjudicated amount required under s 22(1)(a) of the Act, resulting in jurisdictional error and a void determination. The contractor was entitled to pursue a second adjudication application without obtaining declaratory relief.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed' "Appellant to pay first respondent's costs"]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment