Northside Projects P/L v Trad & Anor

[2009] QSC 264

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Building and Engineering Contracts
2. › Adjudication
3. › Payment claims under security of payment legislation
4. › Validity of payment claim
5. › Whether second identical payment claim with same reference date is valid
6. › Whether adjudicator had jurisdiction to determine dispute
7. › Building and Construction Industry Payments Act 2004 (Qld), ss 12, 17(2), 17(5), 17(6)
1. Administrative Law
2. › Judicial review
3. › Adjudicator's decision under statutory scheme
4. › Jurisdictional error
5. › Whether adjudicator erred in interpreting binding authority of Supreme Court
6. › Whether absence of valid payment claim deprived adjudicator of jurisdiction

Quick Take

Under s 17(5) of the Building and Construction Industry Payments Act 2004 (Qld), a second payment claim that is identical to an earlier payment claim and carries the same reference date is not a valid 'payment claim' within the meaning of the Act and cannot found the jurisdiction of an adjudicator. Brookhollow Pty Ltd v R & R Consultants Pty Ltd does not stand for a contrary proposition; rather, it recognises that the invalidity of such a claim must be raised in a payment schedule. Adjudicators are expected to interpret the Act consistently with relevant Supreme Court decisions.