St Austell Printing Company Ltd v Dawnus Construction Holdings Ltd

St Austell Printing Company Ltd v Dawnus Construction Holdings Ltd

The dispute had crystallised well before the notice of adjudication due to express rejection and prolonged inactivity. The adjudicator had jurisdiction to order payment for part only of interim application 19, as the referring party may limit the scope of the dispute referred, and the respondent could have raised any cross-claim or set-off in defence.

Parties
Claimant/defendant: St Austell Printing Company Limited; Defendant/claimant: Dawnus Construction Holdings Limited
Jurisdiction
England and Wales
Judgment Date
21 January 2015
Procedural Posture
Civil (construction/adjudication Enforcement) / Judgment on Summary Judgment Application and Declaratory Relief
Outcome
Summary judgment granted for Dawnus Construction Holdings Limited; St Austell Printing Company Limited's claim dismissed.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Crystallisation of Dispute, Interim Payment Applications
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Crystallisation of Dispute Interim Payment Applications

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Parties

St Austell Printing Company Limited

Claimant/defendant

Dawnus Construction Holdings Limited

Defendant/claimant

Procedural Posture

Civil (construction/adjudication Enforcement) / Judgment on Summary Judgment Application and Declaratory Relief

Legal Issues

  1. 1 Whether the dispute had crystallised prior to the notice of adjudication
  2. 2 Whether the adjudicator had jurisdiction to order payment for part only of an interim application

Ratio Decidendi

The dispute had crystallised well before the notice of adjudication due to express rejection and prolonged inactivity. The adjudicator had jurisdiction to order payment for part only of interim application 19, as the referring party may limit the scope of the dispute referred, and the respondent could have raised any cross-claim or set-off in defence.

Court Disposition

Summary judgment granted for Dawnus Construction Holdings Limited; St Austell Printing Company Limited's claim dismissed.

Orders

  • Summary judgment for Dawnus Construction Holdings Limited in the sum of £417,919.66 as ordered by the adjudicator.
  • St Austell Printing Company Limited's Part 8 claim for declarations as to lack of jurisdiction dismissed.