Trinco (NSW) Pty Ltd v Alpha A Group Pty Ltd [2018] NSWSC 239

Trinco (NSW) Pty Ltd v Alpha A Group Pty Ltd [2018] NSWSC 239

The adjudication determination was void because the payment claim in question sought payment for work done under two different contracts, and neither contract provided an available reference date to support the claim, thus failing the basic requirements for adjudication jurisdiction under the Security of Payment Act.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Civil / Final Judgment
Outcome
Adjudication determination declared void and quashed.
Legal Topics
['security of Payment' 'adjudication' 'jurisdiction' 'reference Dates' 'termination of Contract']
['construction Law' 'equity'] ['security of Payment' 'adjudication' 'jurisdiction' 'reference Dates' 'termination of Contract']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether adjudication determination was valid under the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether a payment claim comprising work under two construction contracts is valid' 'Whether reference dates exist after termination of contract']

Ratio Decidendi

The adjudication determination was void because the payment claim in question sought payment for work done under two different contracts, and neither contract provided an available reference date to support the claim, thus failing the basic requirements for adjudication jurisdiction under the Security of Payment Act.

Court Disposition

Adjudication determination declared void and quashed.

Orders

  • ['Declare that the adjudication determination made by the second defendant on 6 November 2017, on application 2017ADJT501, is void.' 'Order that the said determination be quashed.' 'Order that the money paid into court by the plaintiff and any interest thereon be paid out to it or, at its direction, to its...