The Minister for Commerce (formerly Public Works & Services) v Contrax Plumbing (NSW) Pty. Ltd. & Ors.

[2005] NSWCA 142

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Building and Construction
2. › Security of payment legislation
3. › Adjudicator's determination
4. › Validity of determination
5. › Whether error of law in construction of contract or Act invalidates determination
6. › Building & Construction Industry Security of Payment Act 1999 (NSW), ss 22, 34
1. Building and Construction
2. › Security of payment legislation
3. › Adjudication
4. › Matters for consideration by adjudicator
5. › Whether adjudicator may consider submissions on construction of Act and contract under s 22(2)(a) and (b)
6. › Whether claimant may raise s 34 for first time in adjudication application
7. › Building & Construction Industry Security of Payment Act 1999 (NSW), ss 20(2B), 22(2)
1. Building and Construction
2. › Security of payment legislation
3. › No contracting out
4. › Whether contractual provisions restricting progress payments void under s 34
5. › Building & Construction Industry Security of Payment Act 1999 (NSW), s 34

Quick Take

An adjudicator's determination under the Building & Construction Industry Security of Payment Act 1999 (NSW) is not invalidated by an error of law in the construction of the Act or the contract, or as to the validity of contract terms under s 34, provided the adjudicator bona fide addresses the requirements of s 22(2). An adjudicator may consider submissions on the construction of the Act and the contract under s 22(2)(a) and (b) even if those submissions cannot be considered under s 22(2)(d). The question whether s 34 renders void contractual provisions that restrict progress payments by requiring expert determination before entitlement arises was left open.