FEDERAL COURT OF AUSTRALIA
Bloc Constructions (ACT) Pty LTD v ABS Façade (ACT) Pty Ltd [2023] FCA 1282
File number(s): ACD 36 of 2022 Judgment of: PERRY J Date of judgment: 25 October 2023 Catchwords: ADMINISTRATIVE LAW — where the applicant and first respondent entered into a construction contract — where adjudicator made an adjudication determination between the applicant and first respondent — whether the adjudicator's decision was invalid for jurisdictional error because the first respondent did not provide a valid payment claim within the meaning of the Building and Construction Industry (Security of Payment) Act 2009 (ACT) — whether the payment claim sufficiently identified the construction work to which the claim related in order to satisfy s 15(2)(a) of the Act — where impugned payment claim included same methodology as previous payment claims — no error demonstrated
ADMINISTRATIVE LAW — whether the adjudicator determined an amount “to be paid”, as required by s 24(1)(a) of the Act — where face of adjudication decision and its reasons make clear the amount to be paid
ADMINISTRATIVE LAW — consideration of reference dates arising under the contract — whether reference date arose under a progress payment or a final payment — where final payment depends upon practical completion of the project, and practical completion had not been achieved — whether Cat Protection Society of Victoria v Arvia Pty Ltd [2018] VSC 757 distinguishable
Legislation: Australian Capital Territory (Self-Government) Act 1988 (Cth) s 48A
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9(3)
Building and Construction Industry Payments Act 2004 (Qld) s 17(2)(a)
Building and Construction Industry Security of Payment Act 1999 (NSW) ss 8(1), 13(1) and 13(2)
Building and Construction Industry Security of Payment Act 2002 (Vic) s 14(2)(c)
Building and Construction Industry (Security of Payment) Act 2009 (ACT) ss 6(1)(a), 6(1)(b), 6(2), 10, 11, 13, 14, 15, 16, 17(1)-(2), 19, 24, 25, 26(1)–(3), 27(1), 38
Building Industry Fairness (Security of Payment) Act 2017 (Qld) s 68(1)
Cases cited: AgriWealth Capital Limited v Australian Financial Complaints Authority Limited [2023] FCAFC 118
Brodyn Pty Ltd v Davenport [2003] NSWSC 1019
Cat Protection Society of Victoria v Arvio Pty Ltd [2018] VSC 757
Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280
Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner [2020] FCAFC 192; (2020) 282 FCR 1
Coordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWCA 229; (2005) 21 BCL 364
Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135
Crosby v Kelly [2012] FCAFC 96; (2012) 203 FCR 451
Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2004] HCA 55; (2004) 218 CLR 471
Faull v Commissioner for Social Housing [2013] ACTSC 121; (2013) 277 FLR 61
Hazeldell Ltd v Commonwealth [1924] HCA 36; (1924) 34 CLR 442
Isis Projects Pty Ltd v Clarence Street Pty Ltd [2004] NSWSC 714
Keep reading for free
Create a free CaseChat account to read Bloc Constructions (ACT) Pty Ltd v ABS Façade (ACT) Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] FCA 1282
- Decision Date
CaseChat Overview and Summary
The legal issues central to the case involved the validity of the adjudicator's decision and the adequacy of the payment claim provided by the first respondent. Specifically, the court had to determine if the adjudicator's decision was valid despite the first respondent's alleged failure to provide a valid payment claim as required by s 15(2)(a) of the Act. Additionally, the court needed to ascertain whether the adjudicator correctly determined an amount “to be paid” as per s 24(1)(a) of the Act. The court also considered the implications of the reference dates under the contract, particularly whether these dates were tied to progress payments or final payments, and whether the case of Cat Protection Society of Victoria v Arvia Pty Ltd [2018] VSC 757 was distinguishable.
The court found that the payment claim provided by the first respondent did not constitute a jurisdictional error because it sufficiently identified the construction work to which the claim related, in line with s 15(2)(a) of the Act. The court also held that the adjudicator’s decision clearly stated the amount to be paid, satisfying the requirements of s 24(1)(a) of the Act. Moreover, the court determined that the reference dates under the contract pertained to progress payments, not final payments, and were not invalidated by the case of Cat Protection Society of Victoria v Arvia Pty Ltd [2018] VSC 757. Consequently, the application for judicial review was dismissed, and costs were awarded to the first respondent.
Orders
Orders of the court
1. The Originating Application dated 3 August 2022 be dismissed.
2. The applicant is to pay the first respondent’s costs of the application as agreed or taxed.
3. The moneys paid into the Court by the order made on 3 August 2022 be paid to the solicitors for the first respondent on or before 4pm on Thursday 9 November 2023.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.