Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd [2017] NSWSC 1140

Supreme Court New South Wales

Medium Neutral Citation: Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd [2017] NSWSC 1140 Hearing dates: 15 August 2017 Date of orders: 31 August 2017 Decision date: 31 August 2017 Jurisdiction: Equity Before: Parker J Decision: Challenge to adjudication determinations based on assignment fails and challenge based on denial of natural justice succeeds Catchwords: Building and Construction – construction contracts – issuance of invoices for construction works – Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13 – construction – statutory right to progress payments – assignment of right to payment – availability of statutory procedure to seek adjudication determinations Building and Construction – construction contracts – issuance of invoices for construction works – dispute concerning progress payments – adjudication determination – natural justice – identification of relevant reference date Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 4, 8, 11, 13, 14, 15, 16, 17, 24, 25, 32 Conveyancing Act 1919 (NSW), s 12 Cases Cited: Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421; [2004] NSWCA 394 Coordinated Construction Co Pty Ltd v JM Hargreaves (NSW) Pty Ltd (2005) 63 NSWLR 385; [2005] NSWCA 228 Southern Han Breakfast Point Pty Ltd v Lewence Construction Pty Ltd [2016] HCA 52; (2016) 91 ALJR 233 Category: Principal judgment Parties: Quickway Constructions Pty Ltd (Plaintiff) Electrical Energy Pty Ltd (First Defendant) Paul J Hick (Second Defendant) Representation: Counsel: HK Insall SC (Plaintiff) FP Hicks/DJ Byrne (First Defendant)