Construction Contracts (Security of Payments) Act 2004 (NT) (“the Act”) s 48(1)
› application under s 48(1) to set aside adjudicator’s determination under s 33(1)(a) to dismiss an application for adjudication without making a determination on the merits - by consent referred to the Supreme Court pursuant to s 18 of the Local Court (Civil Procedure) Act 2015 (NT)
Held first payment claim not a valid payment claim under the Act
› validity of payment claim to be determined by reference to the contract - therefore letter requiring applicant to resubmit payment claim after provision of alternative security did not give rise to a payment dispute within the meaning of s 8 of the Act
› therefore application not made more than 90 days after payment dispute arose - appeal allowed
Construction Contracts (Security of Payments) Act 2004 (NT), s 8, s 28(1), s 33, s 48
K & J Burns Electrical Pty Ltd v GRD Group (NT) Pty Ltd (2011) 29 NTLR 1; [2011] NTCA 1, Trans Australian Constructions Pty Ltd v Nilsen (SA) Pty Ltd (2008) 23 NTLR 123; [2008] NTSC 42, relied on
