BCFK Holdings Pty Ltd v Rork Projects Pty Ltd

[2022] NSWSC 1706

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Building and Construction
2. › adjudication
3. › whether adjudicator had jurisdiction
4. › whether s 13(1C) of the Building and Construction Industry Security of Payment Act engaged
5. › proper construction of s 13(1C) of the Act
6. › whether s 13(1C) of the Act permits service of only one payment claim after termination of a construction contract
7. › whether adjudicator failed to exercise jurisdiction
8. › reasons given by adjudicator
1. Misleading or Deceptive Conduct
2. › whether s 18 of the Australian Consumer Law engaged
3. › whether by service of its payment schedule plaintiff represented that payment claim not validly served
4. › whether defendant relied on any such representation to make its decision not to proceed to adjudication based on that payment claim