Waco Kwikform Ltd v Complete Access Scaffolding (NSW) Pty Ltd [2020] NSWSC 1702

Supreme Court New South Wales

Medium Neutral Citation: Waco Kwikform Ltd v Complete Access Scaffolding (NSW) Pty Ltd [2020] NSWSC 1702 Hearing dates: 30 November 2020 Date of orders: 30 November 2020 Decision date: 30 November 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Summons dismissed with costs; Plaintiff to pay to the First Defendant moneys paid into Court Catchwords: BUILDING AND CONSTRUCTION – whether adjudication determination under the Building and Construction Industry Security of Payment Act 1989 should be quashed – reference date – whether cl 4.1 of the construction contract was one by or in accordance with which the date for a progress claim was determined – whether term expressly nominates the date by which the claim may be made – whether s8(2)(a) of the Building and Construction Industry Security of Payment Act 1999 enlivened Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Greenwood Futures v DSD Builders [2018] NSWSC 1407 Patrick Stevedores Operations No 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC 1413 Quasar Constructions v Demtech Pty Ltd [2004] NSWSC 116 Category: Principal judgment Parties: Waco Kwikform Ltd (Plaintiff) Complete Access Scaffolding (NSW) Pty Ltd (First Defendant) Callum Campbell (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: B Le Plastrier (Plaintiff) D Weinberger (First Defendant)