Kittu Randhawa v Monica Benavides Serrato

The case involved a dispute between Kittu Randhawa and Monica Benavides Serrato under the Building & Construction Industry Security of Payment Act 1999 (NSW). The dispute centred around the validity of an adjudication decision. The plaintiff, Kittu Randhawa, contested the adjudication on the basis that they did not receive the notice of the adjudicator's acceptance. The court was required to determine whether the adjudication was valid given the plaintiff's claim of non-receipt of the notice.

The court had to discern whether the non-receipt of the notice invalidated the adjudication decision. It examined the distinction between non-delivery and non-receipt by the recipient. The plaintiff argued that they did not receive the notice; however, the court noted that the defendant had the benefit of the presumption of delivery. The plaintiff did not rebut this presumption by demonstrating that the notice was not delivered, only that it did not come to their attention. This distinction was pivotal in determining the validity of the adjudication.

The court ruled that the adjudication was valid as the presumption of delivery stood unrebutted by the plaintiff. The court held that the plaintiff's failure to show non-receipt, as opposed to non-delivery, meant the adjudication process could not be invalidated on this basis. Therefore, the adjudication decision was upheld.

The final orders of the court were that the adjudication decision was valid, and the plaintiff's claim to invalidate the adjudication on the basis of non-receipt of the notice was dismissed.