Ian Street Developer v Arrow International

[2018] VSCA 294

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Legislative intention
3. › Non-compliance with statutory requirement
4. › Whether legislature intended non-compliance to invalidate act purportedly done
5. › Construction industry progress payments scheme
6. › Time limit for adjudication determination breached
7. › Whether determination invalid
8. › Express provisions inconsistent with invalidity
9. › Building and Construction Industry Security of Payment Act 2002 (Vic), ss 22, 23, 28
1. Statutory Interpretation
2. › Gap-filling
3. › Whether court should read additional words into statute
4. › Limits of statutory construction
5. › Whether Project Blue Sky inquiry should be reconceived as gap-filling exercise requiring exceptional circumstances
1. Building and Construction
2. › Security of payment legislation
3. › Adjudication
4. › Time limits
5. › Construction of s 22(4)(b)
6. › Whether extended time period runs from date of acceptance or expiry of initial period
7. › Building and Construction Industry Security of Payment Act 2002 (Vic), s 22(4)

Quick Take

An adjudicator's determination under the Building and Construction Industry Security of Payment Act 2002 (Vic) is not rendered invalid by the adjudicator's failure to comply with the time limit in s 22(4). The claimant's remedy upon non-compliance is to withdraw the application under s 28(2)(a) and make a new application, but the claimant may also choose to await the late determination. The maximum extended period under s 22(4)(b) is 15 business days from the date of the adjudicator's acceptance, not 15 business days after the expiry of the initial 10-day period.