Primelime (NSW) Pty Ltd v B.A.E.C. Contracting Pty Ltd [2018] NSWSC 372

Primelime (NSW) Pty Ltd v B.A.E.C. Contracting Pty Ltd [2018] NSWSC 372

Because the contract came to an end in January 2017 and did not provide for reference dates to survive termination, there was no statutory entitlement to make a payment claim for a reference date after termination. Therefore, the adjudicator lacked jurisdiction, and the determination must be quashed.

Parties
Plaintiff: Primelime (NSW) Pty Ltd; First Defendant: B.A.E.C. Contracting Pty Ltd; Second Defendant: Ted Smithies
Jurisdiction
Australia
Judgment Date
22 March 2018
Procedural Posture
Equity Technology and Construction List / Judgment Ex Tempore
Outcome
Relief granted as sought in the summons; adjudication determination quashed; costs awarded to plaintiff; directions for draft orders.
Legal Topics
Security of Payment, Jurisdiction, Reference Date, Termination of Contract
Building and Construction Law Security of Payment Jurisdiction Reference Date Termination of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Primelime (NSW) Pty Ltd

Plaintiff

B.A.E.C. Contracting Pty Ltd

First Defendant

Ted Smithies

Second Defendant

Procedural Posture

Equity Technology and Construction List / Judgment Ex Tempore

Legal Issues

  1. 1 Whether adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) was valid
  2. 2 Whether a construction contract existed between the parties to the adjudication application
  3. 3 Whether the payment claim was made on or from a reference date

Ratio Decidendi

Because the contract came to an end in January 2017 and did not provide for reference dates to survive termination, there was no statutory entitlement to make a payment claim for a reference date after termination. Therefore, the adjudicator lacked jurisdiction, and the determination must be quashed.

Court Disposition

Relief granted as sought in the summons; adjudication determination quashed; costs awarded to plaintiff; directions for draft orders.

Orders

  • Declaration in accordance with prayer 1 of the summons filed 24 October 2017
  • Relief under s 69 of the Supreme Court Act 1970 (NSW) as sought in prayer 2