NSW Caselaw
New South Wales Supreme Court
Vince Schokman & Anor v Xception Construction Pty Limited and Anor [2005] NSWSC 297 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 04/04/05
JUDGMENT DATE : 4 April 2005
Equity Division JURISDICTION : Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : Adjudication determination held void.
CATCHWORDS : Section 17(2) notice of intent to apply for adjudication served out of time - Adjudication application made out of time - Section 15(2)(a) makes provision for alternatives of either proceeding to recover claimed amount as a debt in curial proceedings or of making adjudication application - Where claimant elects to seek adjudication determination and adjudication procedures miscarry, claimant cannot revert to seeking judgment in curial proceedings
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW)
Amflo Constructions Pty Ltd v Anthony Jefferies [2003] NSWSC 856 CASES CITED : Beckhaus Civil Pty Ltd v Council of the Shire of Brewarrina [2002] NSWSC 960 Brodyn Pty Limited t/as Time Cost and Quality v Davenport [2004] NSWCA 394
Vince Schokman (First Plaintiff) Carol Schokman (Second Plaintiff) PARTIES : Xception Construction Pty Limited (First Defendant) Barry O'Mara (Second Defendant)
FILE NUMBER(S) : SC 55060/04
Ms V Culkoff (Plaintiffs) COUNSEL : Mr NA Nicholls (First Defendant)
David Campbell-Williams (Plaintiffs) SOLICITORS : MBA Lawyers (First Defendant)
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