Forte Sydney Construction v Lin Betty Building Group [2018] NSWSC 1429

Supreme Court New South Wales

Medium Neutral Citation: Forte Sydney Construction v Lin Betty Building Group [2018] NSWSC 1429 Hearing dates: 19 September 2018 Date of orders: 19 September 2018 Decision date: 19 September 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Summons dismissed with costs. Money in court to be paid out to first defendant. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act – application to quash adjudicator's determination – where payment schedule provided after the statutory time limit – where claimant subsequently gave notice of its intention to apply for adjudication – where no payment schedule provided after that notice was given – whether the earlier payment schedule was a valid payment schedule – whether the adjudicator fulfilled his statutory functions – summons dismissed. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Chase Oyster Bar Pty Limited v Hamo Industries Pty Limited (2010) 78 NSWLR 393 Coordinated Construction Co Pty Limited v J M Hargreaves (NSW) Pty Limited (2005) 63 NSWLR 385 Falgat Constructions Pty Limited v Equity Australia Corporation Pty Limited (2007) 23 BCL 292 Rojo Building Pty Limited v Jillcris Pty Limited [2006] NSWSC 309 Taylor Projects Group Pty Limited v Brick Dept Pty Limited [2005] NSWSC 439 Category: Principal judgment Parties: Forte Sydney Construction Pty Ltd (Plaintiff) Lin Betty Building Group Pty Ltd (First Defendant) Callum Campbell (Second Defendant) Adjudicate Today Pty Ltd (Third Defendant) Representation: Counsel: I G Roberts SC (Plaintiff) F P Hicks SC (First Defendant)