Emag Constructions Pty Limited v Highrise Concrete Contractors (Aust) Pty Limited [2003] NSWSC 903

New South Wales Supreme Court

CITATION : Emag Constructions Pty Limited v Highrise Concrete Contractors (Aust) Pty Limited [2003] NSWSC 903 HEARING DATE(S) : 26/09/03 JUDGMENT DATE : 26 September 2003 JURISDICTION: Equity Division JUDGMENT OF : Einstein J DECISION : Adjudicators decision vitiated. Short minutes of order to be brought in.

CATCHWORDS : Contract - construction contract - payment claim - non-payment of amount claimed - Building and Construction Industry Security of Payment Act 1919 (NSW) - progress payment claim - payment schedule of $Nil - adjudication - attempted service of adjudication application - appointment of adjudicator - failure to provide adjudication response - validity of acceptance of appointment by adjudicator - jurisdiction of adjudicator to adjudicate - validity of determination given by adjudicator - sections 13, 14, 17, 19, 20, 21, 31 of the Act - Service - ordinary meaning of "service" - validity of service of documents on legal representatives - principles of actual or ostensible authority in solicitors to receive service of copies of relevant notices - statutory construction - formal and strict requirements to observe time stipulations in the Act Building and Construction Industry Security of Payment Act 1999 Building and Construction Industry Security of Payment Amendment Act 2002 LEGISLATION CITED : Corporations Act 2001 Corporations Law Supreme Court Rules 1970 Howship Holdings Pty Ltd v Leslie (1996) 41 NSWLR 542 John Russell & Co Limited v Cayzer [1916] 2 AC 298 CASES CITED : Paynter Dixon Constructions Pty Ltd v JF & CG Tilston Pty Ltd [2003] NSWSC 869 Players Pty Limited v Interior Projects (1996) 20 ACSR 189 Walter Construction Group Pty Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266 PARTIES : Emag Constructions Pty Limited (Plaintiff) Highrise Concrete Contractors (Aust) Pty Limited (Defendant) FILE NUMBER(S) : SC 3601/03 COUNSEL : Mr GA Sirtes (Plaintiff) Mr M Christie (Defendant) SOLICITORS : Gray & Perkins (Plaintiff) Deacons (Defendant)