PPK Willoughby v Eighty Eight Construction [2014] NSWSC 760

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby v Eighty Eight Construction [2014] NSWSC 760 Hearing dates: 28/05/2014 and 29/05/2014 Decision date: 11 June 2014 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff's claims fail. Parties to bring in draft orders. Catchwords: BUILDING AND CONSTRUCTION - building contracts - Adjudication determinations - whether adjudicator's determination is void for failure to exercise the power given to him under the Building and Construction Industry Security of Payments Act - whether adjudicator abrogated power by accepting the valuation assessed by the Superintendent

BUILDING AND CONSTRUCTION - Building contracts - Certification of progress claims - whether Superintendent had power to issue payment certificate at the time that he did - meaning of 'business day' where undefined in Contract - whether 'business day' means 'working day' - whether Superintendent issued payment certificate prior to last business day of the month Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 IOC Australia Pty Ltd v Mobil Oil Australia Ltd (1975) 49 ALJR 176 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Tyco Fire and Security v Norfolk Mechanical [2007] NSWSC 585 Re Concrete Construction Group Pty Ltd [1997] 1 Qd R 6 Category: Principal judgment Parties: PPK Willoughby Pty Ltd (Plaintiff) Eighty Eight Construction Pty Ltd (First Defendant) Scott Petersen (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: FF Corsaro SC / FP Hicks / M Kloucek (Plaintiff) M Christie SC / L Shipway (Defendant) Solicitors: Madison Marcus (Plaintiff) Beazley Singleton (First Defendant) Moray & Agnew (Second and Third Defendants) File Number(s): 2014/68292