Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31 Hearing dates: 11 November 2011 Decision date: 09 March 2012 Before: Bathurst CJ at [1]; McColl JA at [90]; Tobias AJA at [91] Decision: 1 Appeal allowed. 2 Order 1 of the orders made by the primary judge on 21 June 2011 be set aside and in lieu thereof the summons be dismissed. 3 Order that the respondent pay the appellant's costs of the appeal and the proceedings in the Court below. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - adjudication determination - whether Act applied to contract - definition of "related goods and services"

STATUTORY INTERPRETATION - Words and Phrases - Building and Construction Industry Security of Payment Act 1999 - "related goods and services"

CONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - adjudication determination - application of s 7(2)(c) - whether calculation of consideration by reference to value of services provided.

CONTRACT - Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether adequate notification of adjudication application.