Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2007] NSWSC 1298

Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2007] NSWSC 1298

Because the adjudicator had breached essential requirements of the Act by failing to address significant claims by the plaintiff, the adjudication determination was void. There is no legal basis for an order to pay any portion of the funds in court to the unsuccessful defendant as the Act's mechanisms were not validly invoked; thus, all funds (and interest) are to be paid to the plaintiff, and costs follow the event.

Parties
Plaintiff: Trysams Pty Ltd; First Defendant: Club Constructions (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
13 November 2007
Procedural Posture
Equity Proceeding / Post Judgment Determination and Costs
Outcome
Declaration that adjudication determination is void; first defendant to pay plaintiff's costs; payment of funds in Court with interest to plaintiff.
Legal Topics
Adjudication Determination, Building and Construction Industry Security of Payment Act 1999 (nsw), Voidness of Determination, Declaratory Relief, Costs Orders
Equity Construction Law Adjudication Determination Building and Construction Industry Security of Payment Act 1999 (nsw) Voidness of Determination Declaratory Relief Costs Orders

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Parties

Trysams Pty Ltd

Plaintiff

Club Constructions (NSW) Pty Ltd

First Defendant

Procedural Posture

Equity Proceeding / Post Judgment Determination and Costs

Legal Issues

  1. 1 Whether the adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) was void
  2. 2 Whether any part of money paid into Court should be released to the unsuccessful defendant
  3. 3 Whether costs should follow the event

Ratio Decidendi

Because the adjudicator had breached essential requirements of the Act by failing to address significant claims by the plaintiff, the adjudication determination was void. There is no legal basis for an order to pay any portion of the funds in court to the unsuccessful defendant as the Act's mechanisms were not validly invoked; thus, all funds (and interest) are to be paid to the plaintiff, and costs follow the event.

Court Disposition

Declaration that adjudication determination is void; first defendant to pay plaintiff's costs; payment of funds in Court with interest to plaintiff.

Orders

  • Declaration that the adjudication determination dated 28 May 2007 of the second defendant is void.
  • The first defendant is to pay the plaintiff's costs of the proceedings.