Catchwords:
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) – The plaintiff design & construct contractor for the Sydney Light Rail Project entered into an agreement with the first defendant for the production and supply of ready mixed concrete – The first defendant made a payment claim on the plaintiff for ready mixed concrete allegedly supplied to the plaintiff under several purchase orders but not paid for – The plaintiff responded with a nil payment schedule – The claim went to adjudication and the second defendant made a determination for $2,953,035.57 in favour of the first defendant – The plaintiff challenged the jurisdiction of the second defendant on the grounds that the payment claim was invalid because it covered work under more than one contract – The plaintiff also relied on other grounds, including that the adjudicator had denied it procedural fairness, as vitiating the determination – HELD – The second defendant had no jurisdiction, the plaintiff had been denied procedural fairness, and the second defendant had not discharged the statutory task of satisfying herself that the work claimed for had been done and of its value
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