Security Of Payments Act Adjudication Decisions Are Challenged in the Supreme Court

Broadview Windows Pty Ltd v Architectural Project Specialists Pty Ltd [2015] NSWSC 955

Hearing dates:9 July 2015Decision date:09 July 2015Jurisdiction:Common LawBefore:McDougall JDecision:

Summons dismissed with costs.

Catchwords:BUILDING AND CONSTRUCTION – whether payment claim is valid – where claimant served two payment claims in relation to the same work, but with different reference dates – whether successive payments claims, claiming the same amount, can be validly served under the Act – application of ss 8(2)(b), 13(4) and 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW)Legislation Cited:Building and Construction Industry Security of Payment Act 1999 (NSW)
Building and Construction Industry Security of Payment Amendment Act 2013 (NSW)
Evidence Act 1995 (NSW)
Interpretation Act 1987 (NSW)Cases Cited:Allpro Building Services v C & V Engineering Services [2009] NSWSC 1247
Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421
Chase Oyster Bar v Hamo Industries Pty Ltd (2010) 78 NSWLR 393
Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190
Falgat Constructions Pty Ltd v Equity Australia Corp Pty Ltd (2006) 23 BCLR 292
Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571
Olympia Group Pty Ltd v Tyrenian Group Pty Ltd [2010] NSWSC 319
The Trustees of the Roman Catholic Church for the Diocese of Lismore v F T Woollam & Son [2012] NSWSC 1559
Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864
Rubana Holdings Pty Ltd v 3D Commercial Interiors Pty Ltd [2008] NSWSC 1405Category:Principal judgmentParties:Broadview Windows Pty Ltd as Trustee for the Aras Trust (Plaintiff)
Architectural Project Specialists Pty Ltd (First Defendant)
Adjudicate Today Pty Ltd (Second Defendant)
John Goggins (Third Defendant)Representation:Counsel:
P Rodionoff (Plaintiff)
R Green (First Defendant) (Solicitor)

Solicitors:
Nil (Plaintiff)
Richard Green Construction Lawyers (First Defendant)
File Number(s):2015/115032

This hearing and subsequent judgment confirmed that claimants have 12 available reference dates upon which to serve payment claims in New South Wales under the Building & Construction Industry Security Of Payment Act 1999 Legislation.

Read the full judgment here.

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