EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd

(2024) 115 NSWLR 56; [2024] NSWCA 162

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment
3. › Payment claims
4. › Validity
5. › Whether payment claim must be 'for construction work'
6. › Whether claim to recover amount obtained through recourse to bank guarantees is valid payment claim
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 4, 8, 9, 13
1. Building and Construction
2. › Security of payment
3. › Adjudication
4. › Jurisdiction
5. › Whether question of characterisation of payment claim is matter for adjudicator or Court
6. › Scope of judicial review of adjudication determinations
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 22, 25
8. › Supreme Court Act 1970 (NSW), s 69
1. Building and Construction
2. › Security of payment
3. › Payment claims
4. › Construction of statutory scheme
5. › Implied conditions of validity
6. › Restrained approach to implying essential preconditions
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14, 15, 25

Quick Take

Amounts taken by the principal through recourse to bank guarantees may be included in payment claims by subcontractors, as the characterisation of such claims is a matter for the adjudicator and not a jurisdictional precondition to validity.