Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow

Galaxy Developments Pty Ltd (the applicant) sought to have the adjudicator’s decision in an adjudication proceeding declared void. The adjudication concerned a progress payment dispute between the applicant and Civil Contractors (Aust) Pty Ltd t/a CCA Winslow (the first respondent). The second respondent (the adjudicator) delivered an adjudication decision determining that the applicant was required to pay the first respondent the sum of around $1.3 million. The applicant sought to have the adjudication decision declared void on the grounds that the contract under which the first respondent claimed to be paid was void because the first respondent was not appropriately licensed, and because the adjudicator’s decision was delivered after the maximum period prescribed by the Building Industry Fairness (Security of Payment) Act 2017 (BIFA).

The court considered whether the adjudication decision was void for being delivered outside the time limits prescribed by the BIFA. The court found that the adjudication application was lodged within the time limit prescribed by s 79(2) of the BIFA, and that the adjudicator was required to accept or reject the referral within four business days of receipt. The adjudicator accepted the referral within the prescribed period. The court found that the adjudicator’s decision was not void for being delivered outside the time limit prescribed by the BIFA.

The court considered whether the adjudication decision was void because the contract under which the first respondent claimed to be paid was void. The court found that the contract was not void because the first respondent was not appropriately licensed. The court found that the first respondent was appropriately licensed because it held a current Building and Construction Industry Security of Payment (General) Licence. The court found that the adjudication decision was not void.

The court dismissed the applicant’s application.