Brodyn Pty Ltd t/as Time Cost and Quality v Davenport & Anor

(2004) 61 NSWLR 421; [2004] NSWCA 394

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment
3. › Adjudicator's determination
4. › Grounds for judicial intervention
5. › Whether certiorari available
6. › Whether determination void or voidable
7. › Essential preconditions for valid determination
8. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13, 17, 18, 19, 22, 25
1. Building and Construction
2. › Security of payment
3. › Progress payments
4. › Payment claims
5. › Reference dates
6. › Effect of termination of contract or cessation of work
7. › Whether only one payment claim can be made after termination
8. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8(2), 13
1. Building and Construction
2. › Security of payment
3. › Adjudicator's determination
4. › Natural justice
5. › Failure to consider submissions
6. › Whether failure to address defects claim and statutory declaration requirement constituted denial of natural justice
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 10(1)(b), 22(2)
1. Building and Construction
2. › Security of payment
3. › Adjudicator's determination
4. › Home Building Act 1989 (NSW)
5. › Effect of absence of contractor licence
6. › Whether statutory remedy under Security of Payment Act affected by s 10 of Home Building Act
7. › Home Building Act 1989 (NSW), ss 4, 10

Quick Take

Relief in the nature of certiorari is not available to quash an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 (NSW). A purported determination will be void (and amenable to declaration and injunction) only if: (1) the basic requirements of the Act are not complied with; (2) the determination is not a bona fide attempt to exercise the relevant power; or (3) there is a substantial denial of the measure of natural justice the Act requires. Exact compliance with all detailed requirements is not essential to validity. Reference dates do not cease on termination of a contract or cessation of work, and multiple payment claims may be made after termination. The statutory remedy under the Security of Payment Act is not affected by the unenforceability provisions of s 10 of the Home Building Act 1989.