Argyle Building Services Pty Ltd v Dalanex Pty Ltd (No 2)

Argyle Building Services Pty Ltd, a subcontractor, brought a claim against Dalanex Pty Ltd, the principal contractor, in the Supreme Court of Victoria, seeking a writ of certiorari, declarations, and an injunction. The dispute arose from the interpretation and application of the Building Industry Security of Payment Act 2002 (Vic), particularly in the context of an adjudication process under Part 3 Division 2. Argyle claimed that Dalanex had failed to pay monies owed under a building contract and sought a declaration that a certain payment claim was valid and binding.

The court had to determine whether the subcontract specified a reference date for payment, an issue that arose from an inconsistency between the contractual provisions. The court also needed to assess whether the adjudicator correctly applied section 9(2)(b) of the Act, whether a purported unilateral withdrawal of a payment claim was valid, and whether the second payment claim was a nullity. Additionally, the court had to consider whether the submissions made to the adjudicator were 'duly made' and if the adjudication determination contravened section 23(2B) of the Act.

The Supreme Court found that the reference date could not be determined by reference to the contract, and the adjudicator correctly applied section 9(2)(b) of the Act. The court held that the purported unilateral withdrawal of the payment claim was valid, and the second payment claim was a nullity. It was determined that there was no jurisdictional error in the adjudication process. The submissions to the adjudicator were considered 'duly made', and the court concluded that there was no contravention of section 23(2B) of the Act. The application for judicial review was dismissed with costs.

The court made an order that the application for a writ of certiorari, declarations, and an injunction be dismissed with costs. The court awarded costs to Dalanex against Argyle, to be paid on an indemnity basis.