Energetech Australia v Sides Engineering [2005] NSWSC 1143

New South Wales Supreme Court

CITATION : Energetech Australia v Sides Engineering [2005] NSWSC 1143

HEARING DATE(S) : 16 & 17 November 2005

JUDGMENT DATE : 25 November 2005

Equity JURISDICTION : Technology & Construction List

JUDGMENT OF : Campbell J

DECISION : Court ought not involve itself in operation of statutorily prescribed scheme, except when called on to decide whether operation of that scheme had resulted in a valid decision. Submission of payment claim to adjudicator would not be misleading and deceptive, and would not be in trade or commerce.

CATCHWORDS : CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – remuneration – payment claim under Building and Construction Industry Security of Payment Act 1999 – application for declarations and injunction to prevent payment claim from being submitted to adjudication on basis that payment claim was not made with respect to a reference date under the contract, or was made with respect to a reference date concerning which another payment claim had already been adjudicated – whether appropriate in principle for court to involve itself in such a question – STATUTES – ACTS OF PARLIAMENT – operation and effect of statutes – Act creating an obligation and providing means for securing compliance with that obligation – whether court intervention in the operation of that means of compliance permissible – TRADE PRACTICES AND RELATED MATTERS – consumer protection – submission by builder under building contract to proprietor of payment claim under Building and Construction Industry Security of Payment Act 1999 – whether submission of payment claim to adjudicator would be misleading and deceptive – whether submission of payment claim to adjudicator would be in trade and commerce