Veer Build Pty Limited v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864

Veer Build Pty Limited v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864

The 7 January 2015 payment claim was valid. The 27 October 2014 claim had been withdrawn by agreement; the 18 November and 27 November communications were not payment claims; and the 1 December 2014 claim was a payment claim in respect of the 30 November 2014 reference date. The 7 January 2015 claim did not contravene s 13(5) because it included work not previously claimed and, in any event, s 13(6) permitted inclusion of amounts previously claimed. Because construction work was carried out on 5 December 2014, 31 December 2014 was an available reference date supporting the claim. The procedural fairness complaint was not made out because the adjudicator considered the parties' submissions...

Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Summons Seeking a Declaration That an Adjudication Determination Under the Building and Construction Industry Security of Payment Act (1999) (nsw) Is Void and an Order in the Nature of Certiorari Quashing the Determination / Principal Judgment
Outcome
Summons dismissed with costs.
Legal Topics
['validity of Payment Claim' 'reference Dates Under Construction Contract' 'multiple Payment Claims' 'adjudication Determination' 'procedural Fairness']
['building and Construction' 'security of Payment' 'administrative Law'] ['validity of Payment Claim' 'reference Dates Under Construction Contract' 'multiple Payment Claims' 'adjudication Determination' 'procedural Fairness']

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Procedural Posture

Summons Seeking a Declaration That an Adjudication Determination Under the Building and Construction Industry Security of Payment Act (1999) (nsw) Is Void and an Order in the Nature of Certiorari Quashing the Determination / Principal Judgment

Legal Issues

  1. 1 ['Whether the payment claim served on 7 January 2015 was invalid because it was a second payment claim in respect of the same reference date contrary to s 13(5) of the Building and Construction Industry Security of Payment Act (1999) (NSW).' 'Whether 31 December 2014 was a reference date available to support the payment claim served on 7 January 2015.' 'Whether the adjudicator denied the plaintiff procedural fairness.']

Ratio Decidendi

The 7 January 2015 payment claim was valid. The 27 October 2014 claim had been withdrawn by agreement; the 18 November and 27 November communications were not payment claims; and the 1 December 2014 claim was a payment claim in respect of the 30 November 2014 reference date. The 7 January 2015 claim did not contravene s 13(5) because it included work not previously claimed and, in any event, s 13(6) permitted inclusion of amounts previously claimed. Because construction work was carried out on 5 December 2014, 31 December 2014 was an available reference date supporting the claim. The procedural fairness complaint was not made out because the adjudicator considered the parties' submissions...

Court Disposition

Summons dismissed with costs.

Orders

  • ['Summons is dismissed with costs.']