Citi-Con (Vic) Pty Ltd v Trojan Built Pty Ltd

Citi-Con (Vic) Pty Ltd sought a review of an adjudicator’s determination in the Supreme Court of Victoria, challenging the adjudicator’s decision on the reference date applicable to a payment claim. The dispute arose from a construction contract where Trojan Built Pty Ltd served a payment claim on Citi-Con (Vic) Pty Ltd under the Building and Construction Industry Security of Payment Act 2002 (Vic). Citi-Con (Vic) Pty Ltd argued that the adjudicator erred in determining the reference date, that the payment claim was not served within the prescribed time, and that the payment claim was not a final payment claim. The court was required to decide whether the adjudicator had correctly interpreted the statutory provisions and applied them to the facts of the case.

The court examined the statutory framework of the Building and Construction Industry Security of Payment Act 2002 (Vic) and the adjudicator's interpretation of key provisions, including sections 9, 10B, 13, 14, 22, 23, and 48. The court considered precedents such as Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd, Shape Australia Pty Ltd v The Nuance Group Pty Ltd, and others, to determine whether the adjudicator had correctly applied the law. The court concluded that the adjudicator had not erred in determining the reference date, as the statutory language and legislative intent supported the adjudicator's decision. Furthermore, the court found that the payment claim was indeed a final payment claim, and the timing of the claim was in accordance with the statutory requirements.

The court held that the adjudicator had performed their statutory function correctly and that there was no basis for the review sought by Citi-Con (Vic) Pty Ltd. The court dismissed the application for review and ordered Citi-Con (Vic) Pty Ltd to pay Trojan Built Pty Ltd's costs of the proceeding.