Castle Constructions Pty Ltd v Ghossayn Group Pty Ltd [2017] NSWSC 1317

Supreme Court New South Wales

Medium Neutral Citation: Castle Constructions Pty Ltd v Ghossayn Group Pty Ltd [2017] NSWSC 1317 Hearing dates: 18-19 September 2017 Decision date: 29 September 2017 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Adjudicator's determination to be quashed Catchwords: BUILDING AND CONSTRUCTION – challenge to jurisdiction of adjudicator to make determination under the Building and Construction Industry Security of Payment Act 1999 – whether there was an available reference date to support the payment claim the subject of the determination – whether defendant was a head contractor as defined in the Act and thus obliged to cause its payment claim to be accompanied by a supporting statement – whether adjudicator's acceptance was served on plaintiff when deposited into its letterbox by a neighbour into whose letterbox Australia Post had wrongly deposited the adjudicator's acceptance Legislation Cited: Building and Construction Industry Payments Act 2004 (QLD) Building and Construction Industry Security of Payment Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Energetech Australia Pty Ltd v Sides Engineering Pty Ltd [2005] NSWSC 801 Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126 Kitchen Xchange Pty Ltd v Formacon Building Services Pty Ltd [2014] NSWSC 1602 Kyle Bay Removals Pty Ltd v Dynabuild Project Services Pty Ltd [2016] NSWSC 334 Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd [2014] QSC 293 Millman v Rochester Ry Co 3 App Div 109; 39 NYS 274 (1896) Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121 Patrick Stevedores Operations No. 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014] NSWSC 1413 Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52 Trysams Pty Ltd v Club Constructions (NSW) Pty Ltd [2008] NSWSC 399 Category: Principal judgment Parties: Castle Constructions Pty Ltd (First Plaintiff) Castlenorth Pty Ltd (Second Plaintiff) Ghossayn Group Pty Ltd (First Defendant) Michael Turner (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: F P Hicks with A J Carr (Plaintiffs) M Christie SC with D Hume (First Defendant)