Reed v Eire [2009] NSWSC 678

New South Wales Supreme Court

CITATION : Reed v Eire [2009] NSWSC 678

HEARING DATE(S) : 06/04/09

JUDGMENT DATE : 22 July 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

DECISION : Paragraph 72

CATCHWORDS : Administrative Law. Application to set aside determination under Building and Construction Industry Security of Payment Act 1999.Whether the decision was a nulity and whether there was a denial of natural justice resulting from the adjudicator's determination of the question of when a payment claim was served. Held not. Consideration of terms of Electronic Transactions Act 2000. Trade and Commerce. Whether statements in adjudication application were misleading and deceptive. Held not and no effective causal link.

PARTIES : Reed Constructions Pty Limited v Eire Contractors Pty Limited

FILE NUMBER(S) : SC 55004/09

COUNSEL : Mr B DeBuse for plaintiff Mr K Pierce & S Goldstein for defendant

SOLICITORS : HWL Ebsworth Lawyers Budd & Piper for defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

Wednesday 22 July 2009

55004/09 REED CONSTRUCTIONS AUSTRALIA PTY LIMITED v EIRE CONTRACTORS PTY LIMITED

JUDGMENT 1 His Honour: This the hearing of the plaintiff's application under the Building and Construction Industry Security of Payment Act 1999 to set aside a determination made by Mr Damian Michael, the adjudicator.

2 The dispute arises out of a construction contract dated 10 November 2006 between the plaintiff and the defendant for civil works associated with a rising main from Richmond Hill Road to Nightcap Water Treatment Plant.

3 The contract included the terms and conditions of GC21.

4 Clause 30 of GC21 specified that notices to the contractor must be sent in a manner specified in items 4 to 11 of the subcontract information. Items 5 and 6 of the subcontract information provided that notices to the contractor must go to the contractor's authorised person, this person was listed as Tom Burns. Details were provided for delivery by hand, by registered post, by facsimile or by email, with the relevant email address being tburns@reedgroup.com.au.