Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as In City Steel [2015] NSWSC 343

Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as In City Steel [2015] NSWSC 343

The parties agreed to substitute the second payment claim for the first, and thus the adjudicator’s determination was valid and did not involve jurisdictional error.

Parties
Plaintiff: Reitsma Constructions Pty Ltd (ACN 001 185 879); First Defendant: Davies Engineering Pty Ltd t/as In City Steel (ACN 153 746 171); Second Defendant: Australian Solutions Centre Pty Ltd (ACN 085 917 219); Third Defendant: Justin Hampton
Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Summons / Final Judgment
Outcome
Summons dismissed with costs
Legal Topics
Validity of Payment Claim, Judicial Review, Jurisdictional Error, Payment Claims Under Security of Payment Act
Building and Construction Administrative Law Validity of Payment Claim Judicial Review Jurisdictional Error Payment Claims Under Security of Payment Act

Case Brief

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Parties

Reitsma Constructions Pty Ltd (ACN 001 185 879)

Plaintiff

Davies Engineering Pty Ltd t/as In City Steel (ACN 153 746 171)

First Defendant

Australian Solutions Centre Pty Ltd (ACN 085 917 219)

Second Defendant

Justin Hampton

Third Defendant

Procedural Posture

Summons / Final Judgment

Legal Issues

  1. 1 Whether two payment claims were served in respect of one reference date in contravention of s 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether the parties agreed to the substitution of the second payment claim for the first
  3. 3 Whether the adjudicator’s determination involved a jurisdictional error in relation to a jurisdictional fact

Ratio Decidendi

The parties agreed to substitute the second payment claim for the first, and thus the adjudicator’s determination was valid and did not involve jurisdictional error.

Court Disposition

Summons dismissed with costs

Orders

  • The summons filed on 24 February 2015 be dismissed with costs.