Canterbury-Bankstown Council v Payce Communities Pty Limited [2019] NSWSC 1803

Supreme Court New South Wales

Medium Neutral Citation: Canterbury-Bankstown Council v Payce Communities Pty Limited [2019] NSWSC 1803 Hearing dates: 10 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The proceedings (including the cross-summons) be dismissed;

(2) The amount paid into Court by the plaintiff in the sum of $1,471,522.11 together with any interest thereon be paid to the defendant;

(3) The plaintiff pay the defendant's costs of the proceedings. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination – whether to set aside determination – whether determination void – whether relevant payment claim related to more than one construction contract – whether legislation does not apply by virtue of exclusion in section 7(2)(c) of legislation – whether legislation does not apply to relevant contracts because consideration payable was to be calculated otherwise than with reference to the value of the relevant work – whether denial of natural justice because adjudicator determined application on basis advanced by neither party – whether failure to give adequate reasons – whether any requirement that reasons be adequate – requirements of section 22(3) of legislation considered Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 Matrix Projects (Qld) Pty Ltd v Luscombe [2013] QSC 4 Rail Corporation of NSW v Nebax Constructions, [2012] NSWSC 6 Category: Principal judgment Parties: Canterbury-Bankstown Council (Plaintiff) Payce Communities Pty Limited (First Defendant) Australian Solutions Centre (Second Defendant) Paul J Hick (Third Defendant) Representation: Counsel: B DeBuse (Plaintiff) M Sheldon (First Defendant) Submitting Appearance (Second Defendant) Submitting Appearance (Third Defendant)