Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152

Supreme Court New South Wales

Medium Neutral Citation: Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152 Hearing dates: 14 February 2022 Decision date: 22 February 2022 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: Adjudication Determination made by the second defendant on 15 September 2021 is void and is quashed. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) ss 4(1), 8, 13(1), 17(2), 22, 31 – Challenge to an adjudication determination on the grounds that there was no jurisdiction because a payment claim had not been served and, separately, that the Adjudicator denied the plaintiff procedural fairness – HELD – Both challenges made out – Adjudication determination quashed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707 IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439 Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd [2020] NSWCA 63 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 Category: Principal judgment Parties: Equa Building Services Pty Ltd - Plaintiff A&H Floors 2 Doors Australia Pty Ltd - First Defendant Stuart Wood - Second Defendant Adjudicate Today Pty Ltd - Third Defendant Representation: Counsel: D Byrne - Plaintiff MT Keene - First Defendant Submitting appearance - Second Defendant