Pinnacle Construction Group Pty Ltd v Dimension Joinery & Interiors Pty Ltd [2018] NSWSC 894

Pinnacle Construction Group Pty Ltd v Dimension Joinery & Interiors Pty Ltd [2018] NSWSC 894

The summons was dismissed because cl 4.1(vii) of the contract, properly construed, gave rise to a reference date on 15 November 2017 and the 12 December 2017 payment claim did not offend s 13(5) of the Act. In any event, work including defect rectification or other construction work had been performed after 25 May 2017, which would support a further reference date. The adjudicator's impugned statements were no more than acceptance of submissions advanced by Dimension in its adjudication application, so Pinnacle had an opportunity to address them and was not denied procedural fairness. The asserted irrationality and unreasonableness did not disclose jurisdictional error.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Summons Seeking to Quash an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Principal Judgment
Outcome
Summons dismissed with costs
Legal Topics
['security of Payment' 'adjudication Determination' 'payment Claim Validity' 'reference Date' 'procedural Fairness' 'jurisdictional Error' 'irrationality and Unreasonableness']
['building and Construction' 'equity' 'administrative Law'] ['security of Payment' 'adjudication Determination' 'payment Claim Validity' 'reference Date' 'procedural Fairness' 'jurisdictional Error' 'irrationality and Unreasonableness']

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Procedural Posture

Summons Seeking to Quash an Adjudication Determination Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Principal Judgment

Legal Issues

  1. 1 ["Whether a reference date was available to support Dimension's 12 December 2017 payment claim." 'Whether the payment claim was invalid under s 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW).' "Whether the adjudicator denied Pinnacle procedural fairness by making unbidden and unheralded adverse findings concerning Pinnacle's conduct." "Whether the adjudicator's findings were irrational, unreasonable or lacked a logical connection with the evidence so as to involve jurisdictional error."]

Ratio Decidendi

The summons was dismissed because cl 4.1(vii) of the contract, properly construed, gave rise to a reference date on 15 November 2017 and the 12 December 2017 payment claim did not offend s 13(5) of the Act. In any event, work including defect rectification or other construction work had been performed after 25 May 2017, which would support a further reference date. The adjudicator's impugned statements were no more than acceptance of submissions advanced by Dimension in its adjudication application, so Pinnacle had an opportunity to address them and was not denied procedural fairness. The asserted irrationality and unreasonableness did not disclose jurisdictional error.

Court Disposition

Summons dismissed with costs

Orders

  • ['The proceedings should be dismissed with costs.']