Primelime (NSW) Pty Ltd v B.A.E.C. Contracting Pty Ltd [2018] NSWSC 372

Supreme Court New South Wales

Medium Neutral Citation: Primelime (NSW) Pty Ltd v B.A.E.C. Contracting Pty Ltd [2018] NSWSC 372 Hearing dates: 22/03/2018 Date of orders: 22 March 2018 Decision date: 22 March 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Plaintiff to have relief sought in summons. Plaintiff and first defendant to bring in draft orders. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Security of Payment Act 1999 (NSW) – whether adjudication determination valid – whether construction contract existed between the parties to the adjudication application – whether payment claim made on or from a reference date – where contract was terminated – where contract did not provide for reference dates after termination – whether work performed under a subsequent, fresh contract – adjudication determination quashed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Associated Midland Corporation Limited v Bank of New South Wales (1984) 51 ALR 641 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52; (2016) 91 ALJR 233 Category: Principal judgment Parties: Primelime (NSW) Pty Ltd B.A.E.C. Contracting Pty Ltd (First Defendant) Ted Smithies (Second Defendant) Representation: Counsel: F P Hicks SC (Plaintiff) D Parish (Defendants)