Trinco (NSW) Pty Ltd v Alpha A Group Pty Ltd [2018] NSWSC 239

Supreme Court New South Wales

Medium Neutral Citation: Trinco (NSW) Pty Ltd v Alpha A Group Pty Ltd [2018] NSWSC 239 Hearing dates: 21/02/2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Adjudication determination declared void and quashed. Ancillary orders made. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Security of Payment Act 1999 (NSW) – whether adjudication determination valid – whether payment claim made on or from a reference date – where subcontract was terminated – where subcontract did not provide for reference dates after termination – whether work was completed under the subcontract or under a separate and later subcontract – whether a payment claim comprising work under two construction contracts is valid – adjudication determination quashed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Payments Act 2004 (Qld) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Class Electrical Services v Go Electrical [2013] NSWSC 363 Coordinated Construction Co Pty Ltd v JM Hargreaves (NSW) Pty Ltd (2005) 63 NSWLR 385 Matrix Projects (Qld) Pty Ltd v Luscombe [2013] QSC 4 Rail Corporation of NSW v Nebax Constructions [2012] NSWSC 6 Southern Han Breakfast Point Pty Ltd (In Liq) v Lewence Construction Pty Ltd (2016) 91 ALJR 233 Category: Principal judgment Parties: Trinco (NSW) Pty Ltd (Plaintiff) Alpha A Group Pty Ltd (First Defendant) Callum Campbell (Second Defendant) Representation: Counsel: S Robertson (Plaintiff) T O Bland (First Defendant) No appearance (Second Defendant, submitting)