Kittu Randhawa -v- Monica Benavides Serrato [2009] NSWSC 170

New South Wales Supreme Court

CITATION : Kittu Randhawa -v- Monica Benavides Serrato [2009] NSWSC 170

HEARING DATE(S) : 20 February 2009 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 20 February 2009

DECISION : Summons dismissed. Plaintiff to pay the costs of the first and second defendants. Monies paid into Court by the plaintiff together with any interest accrued thereon, to be released to the first and second defendants

CATCHWORDS : BUILDING AND CONSTRUCTION – adjudication under Building & Construction Industry Security of Payment Act 1999 (NSW) - validity of adjudication – claim that adjudicator's determination invalid because receipt of notice of adjudicator's acceptance alleged not to have been received – establish that notice was posted and accepted that notice did not come to the attention of the plaintiff – distinction between non-delivery and not coming to the attention of the recipient – defendant has benefit of presumption of delivery which plaintiff did not rebut by showing non-receipt by recipient, as opposed to non-delivery – adjudication valid

Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Interpretation Act 1987 (NSW) Evidence Act 1995 (NSW)

Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 CASES CITED : Fancourt v Mercantile Credits (1983) 154 CLR 87 Tsoukatos v Mustafa [2007] NSWSC 614

Kittu Randhawa trading as Mystery of Spice PARTIES : Monica Benavides Serrato trading as Innova Design Solutions Michael Watson trading as Innova Design Solutions Mediate Today Pty Ltd trading as Adjudicate Today ACN 065 563 760