Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd

[2020] NSWCA 172

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
3. › Progress payments
4. › Adjudication
5. › Adjudicator's determination
6. › Whether adjudicator determined amount of progress payment
7. › Whether failure to determine constituted jurisdictional error
8. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 22
1. Building and Construction
2. › Security of payment
3. › Progress payments
4. › Reference dates
5. › Whether right to progress payment arising before contractual suspension survived exercise of take-out power
6. › Whether contractual provision could extinguish statutory entitlement
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13, 34
1. Building and Construction
2. › Security of payment
3. › Adjudication
4. › New adjudication application
5. › Whether contractor entitled to withdraw adjudication application and file new application after void determination
6. › Whether necessary first to obtain declaratory relief
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 26
1. Administrative Law
2. › Jurisdictional error
3. › Adjudicator under security of payment legislation
4. › Constructive failure to exercise jurisdiction
5. › Misconception of function
6. › Where adjudicator explicitly declined to perform statutory task

Quick Take

Practitioners acting for contractors should note that where an adjudication determination is void for jurisdictional error, the contractor may immediately withdraw and make a new adjudication application without first obtaining a court declaration; practitioners acting for principals should note that a contractual take-out power cannot extinguish a statutory entitlement to a progress payment that arose on a reference date before the take-out notice was served.