NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Reitsma Constructions Pty Ltd v Davies Engineering Pty Ltd t/as In City Steel [2015] NSWSC 343 Hearing dates: 30 March 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: Ball J Decision: Summons filed on 24 February 2015 be dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION - Validity of payment claim - Whether two payment claims served in respect of one reference date - Whether parties agreed to service of second payment claim in substitution of the first ADMINISTRATIVE LAW - Judicial review - Adjudication determination - Jurisdictional error - Existence of jurisdictional fact Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Kitchen Xchange Pty Ltd v Formacon Building Services [2014] NSWSC 1602 NC Refractories Pty Ltd v Consultant Bricklaying Pty Ltd [2013] NSWSC 842 Trustees of Roman Catholic Church for Diocese of Lismore v TF Woollam & Son [2012] NSWSC 1559 Woolworths Ltd v Pallas Newco Pty Ltd [2004] NSWCA 422; (2004) 61 NSWLR 707 Category: Principal judgment Parties: Reitsma Constructions Pty Ltd (ACN 001 185 879) (Plaintiff) Davies Engineering Pty Ltd t/as In City Steel (ACN 153 746 171) (First Defendant) Australian Solutions Centre Pty Ltd (ACN 085 917 219) (Second Defendant) Justin Hampton (Third Defendant) Representation: Counsel:
B DeBuse (Plaintiff) M Rudge SC (First Defendant)
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