Iridium Developments Pty Ltd v A-Civil Aust Pty Ltd [2021] NSWSC 1601

Supreme Court New South Wales

Medium Neutral Citation: Iridium Developments Pty Ltd v A-Civil Aust Pty Ltd [2021] NSWSC 1601 Hearing dates: 7 September 2021 Date of orders: Parties to prepare minute of order. Decision date: 10 December 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: Second defendant's determination is not void for jurisdictional error Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOP Act) – second defendant adjudicator determined adjudication application by first defendant contractor in respect of a payment claim served on principal – plaintiff principal contended that adjudicator's determination was void for jurisdictional error on the basis that the adjudicator erred in forming the opinion that the payment claim had been served within the 12 month time period stipulated in s 13(4)(b) of the SOP Act – whether s 13(4)(b) of the SOP Act is a "jurisdictional fact" in the first category or second category described in Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2018] NSWCA 339 – held that s 13(4)(b) is within the second category – adjudicator formed the opinion that the payment claim had been served within the period stipulated by s 13(4)(b) – no allegation that the opinion was not lawfully formed – adjudicator's determination was not void for jurisdictional error. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 17, 20 Cases Cited: Acciona Infrastructure Australia Pty Ltd v Holcim (Australia) Pty Ltd [2020] NSWSC 1330 Estate Property Holdings Pty Ltd v Barclay Mowlem Construction Ltd (2004) 61 NSWLR 515; [2004] NSWCA 393 EQ Constructions Pty Ltd v A-Civil Aust Pty Ltd [2021] NSWSC 1604 Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2018] NSWCA 339 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 Category: Principal judgment Parties: Iridium Developments Pty Ltd (ACN 615 947 307) (Plaintiff) A-Civil Aust Pty Ltd (ACN 167 616 159) (First Defendant) Representation: Counsel: Mr F Corsaro SC (Plaintiff) Mr L Gor with Mr M Keene (First Defendant)