Baseline Constructions Pty Limited v Classic Group Painting Services Pty Limited & Anor [2006] NSWSC 397

New South Wales Supreme Court

CITATION : Baseline Constructions Pty Limited v Classic Group Painting Services Pty Limited & Anor [2006] NSWSC 397

HEARING DATE(S) : 3/05/06

JUDGMENT DATE : 9 May 2006

JURISDICTION : Equity Division Technology and Construction

JUDGMENT OF : Einstein J

DECISION : Proceedings to be dismissed.

CATCHWORDS : Building and Construction - Entitlement to make second payment claim - Determination of reference dates - S22(4) of Building and Construction Industry Security of Payment Act (NSW) 1999 requires a subsequent adjudicator to treat an attempt [by an earlier adjudicator to determine the value of construction work] as having been successful and compliant with s.10 - value of work changing since previous determination

LEGISLATION CITED : Building and Construction Industry Security of Payment Act (NSW) 1999

Brookhollow Pty Ltd v R & R Consultants Pty Ltd & Anor [2006] NSWSC 1 CASES CITED : John Holland Pty Limited v Cardno MBK (NSW) Pty Limited & Ors [2004] NSWSC 258 Procorp Civil Pty Ltd v Napoli Excavations and Contracting Pty Ltd [2006] NSWSC 205 Rothnere Pty Ltd v Quasar Constructions NSW Pty Ltd [2004] NSWSC 1151

Baseline Constructions Pty Limited (Plaintiff) PARTIES : Classic Group Painting Pty Limited (First Defendant) Damian Michael (Second Defendant)

FILE NUMBER(S) : SC 55028/06

COUNSEL : Mr F Kalyk (Plaintiff) Mr F Hicks (First Defendant)

SOLICITORS : KQ Lawyers (Plaintiff) Kreisson Legal (First Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST