Douglas Aerospace v Indistri Engineering Albury

[2014] NSWSC 1445

Supreme Court of NSW

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Interrogate

Catchwords

1. BUILDING AND CONSTRUCTION - adjudication applications - whether there was a valid construction contract between the parties - where name in contract not the same as name on adjudication application - where invoices issued in a different name to the name in the construction contract - whether correct specification of ACN and ABN evidence an intention that the first defendant be "Contractor" to the construction contract - whether sufficient to show construction contract between the parties
1. BUILDING AND CONSTRUCTION - adjudication applications - whether adjudication application served on plaintiff - whether service of adjudication application is jurisdictional - where respondent could not lodge adjudication response even if adjudication application were served - where adjudication application was received - application of s 17(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW)

Quick Take

The Court held that the correct identification of an ACN in a construction contract was sufficient to identify the contracting party as the company bearing that ACN, notwithstanding multiple errors in the company name throughout the contract. On the facts, the s 17(2)(a) notice of intention to seek adjudication was validly given by fax to the number specified in the contract, and actual receipt by the plaintiff was established. The Court left open whether compliance with s 17(5) (service of the adjudication application on the respondent) is a jurisdictional prerequisite, finding it unnecessary to decide because service was in fact effected and acknowledged.