Binah Constructions Pty Ltd v PTMG Pty Ltd [2024] NSWSC 872

Supreme Court New South Wales

Medium Neutral Citation: Binah Constructions Pty Ltd v PTMG Pty Ltd [2024] NSWSC 872 Hearing dates: 15 July 2024 Decision date: 19 July 2024 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Summons dismissed; (2) Order that the amount of $48,159.59 paid into Court on 14 June 2024 be paid to the first defendant. Catchwords: BUILDING AND CONSTRUCTION — Building and Construction Industry Security of Payment Act 1999 (NSW) — Adjudication — Adjudicated amount — Whether Adjudicator had jurisdiction to award amount in excess of adjudication application — When payment claim quantum exceeds that of adjudication application BUILDING AND CONSTRUCTION — Building and Construction Industry Security of Payment Act 1999 (NSW) — Adjudication — Judicial review — Whether adjudicator afforded parties procedural fairness under the Building and Construction Industry Security of Payment Act 1999 (NSW) Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Demex Pty Ltd v McNab Building Services Pty Ltd [2023] NSWCA 261 Downer Construction (Australia) Pty Ltd v Energy Australia (2007) 69 NSWLR 72; [2007] NSWCA 49 Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2018] NSWCA 339 Category: Principal judgment Parties: Binah Constructions Pty Ltd (Plaintiff) PTMG Pty Ltd (First Defendant) Daniel Fitzpatrick (Second Defendant) Representation: Counsel: DS Weinberger (Plaintiff) Submitting Appearance (Second Defendant)