Pittwater Council v Keystone Projects Group Pty Ltd [2014] NSWSC 1791

Pittwater Council v Keystone Projects Group Pty Ltd [2014] NSWSC 1791

The adjudicator considered the matters required by s 22(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) in good faith, including the contract, payment claim, and payment schedule. The adjudicator lawfully applied s 20(2B) by excluding reasons not raised in the payment schedule. As required by statute and case law, the determination was not void or made in bad faith by reason of the manner or brevity of the reasons, given the failure by the Council to properly ventilate its disputes in the payment schedule. The application to set aside the determination is therefore dismissed.

Jurisdiction
Australia
Judgment Date
17 December 2014
Procedural Posture
Equity Proceedings Judicial Review/administrative Law Building and Construction Law / Final Judgment at First Instance Application to Set Aside Adjudication Determination
Outcome
Summons dismissed; costs awarded to the first defendant; orders as to return of court books.
Legal Topics
['security of Payment Adjudication' 'good Faith Exercise of Power' 'determinations Under the Building and Construction Industry Security of Payment Act 1999 (nsw)' 'progress Claimed Payment Disputes' 'jurisdictional Error']
['building and Construction' 'administrative Law' 'civil Procedure'] ['security of Payment Adjudication' 'good Faith Exercise of Power' 'determinations Under the Building and Construction Industry Security of Payment Act 1999 (nsw)' 'progress Claimed Payment Disputes' 'jurisdictional Error']

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Procedural Posture

Equity Proceedings Judicial Review/administrative Law Building and Construction Law / Final Judgment at First Instance Application to Set Aside Adjudication Determination

Legal Issues

  1. 1 ['Whether the adjudication determination was void for want of good faith by the adjudicator under s 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether the adjudicator erred in the approach to s 20(2B) and s 22(2)(c) of the Act' 'Whether Plaintiff entitled to declarations and restraining orders against the Defendants']

Ratio Decidendi

The adjudicator considered the matters required by s 22(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) in good faith, including the contract, payment claim, and payment schedule. The adjudicator lawfully applied s 20(2B) by excluding reasons not raised in the payment schedule. As required by statute and case law, the determination was not void or made in bad faith by reason of the manner or brevity of the reasons, given the failure by the Council to properly ventilate its disputes in the payment schedule. The application to set aside the determination is therefore dismissed.

Court Disposition

Summons dismissed; costs awarded to the first defendant; orders as to return of court books.

Orders

  • ['Orders that the Summons be dismissed;' 'Orders that the Plaintiff pay the costs of the first Defendant; otherwise, makes no order as to costs;' 'Orders that the Court Books be returned.']