Class Electrical Services v Go Electrical [2013] NSWSC 363

Supreme Court New South Wales

Medium Neutral Citation: Class Electrical Services v Go Electrical [2013] NSWSC 363 Hearing dates: 11/04/2013 Decision date: 11 April 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Declare determination void and order that it be quashed. Catchwords: Building and Construction - Building and Construction Security of Payment Act 1999 (NSW)- meaning of "construction contract" for the purposes of the Act - whether undertaking to supply related goods under an arrangement.

Building and Construction - Construction Contracts - Adjudication of payment claims - whether claim in respect of one contract. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Chase Oyster Bar Pty Limited v Hamo Industries Pty Limited (2010) 78 NSWLR 393 Machkevitch v Andrew Building Constructions [2012] NSWSC 546 Matrix Projects (Qld) Pty Ltd v Luscombe [2013] QSC 4 Okaroo Pty Ltd v Voss Construction and Joinery Pty Ltd [2005] NSWSC 45 Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6 Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd and Anor [2012] QCA 276 Texts Cited: Oxford English Dictionary Category: Principal judgment Parties: Class Electrical Services Pty Limited (Plaintiff) Go Electrical Pty Limited (First Defendant) Philip Davenport (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: BW Rayment QC / B DeBuse (Plaintiff) DR Pritchard SC / FFF Salama (Defendant) Solicitors: HWL Ebsworth Lawyers (Plaintiff) Marsdens Law Group (Defendant) File Number(s): 2013/58792