Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd

The parties in the case were Regal Consulting Services Pty Ltd, the claimant, and All Seasons Air Pty Ltd, the respondent. The dispute centred around the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) and the terms of a construction contract. The claimant sought payment under the act, which was denied by the respondent. The matter was brought before the Supreme Court of New South Wales.

The primary legal issues were whether the claimant's progress claim was validly served under the statutory scheme and the construction contract, and whether the claimant was required to obtain leave to bring the proceedings under the Uniform Civil Procedure Rules 2005 (NSW). Specifically, the court needed to determine if the deeming provision in the construction contract operated to validate the claimant's progress claim that was served eight days before the specified date, which was also a "reference date". The court also had to consider whether there was a jurisdictional error in the adjudication process.

The court found that the statutory deeming provision did not operate to validate the claimant's progress claim that was served early. The claim was therefore not made on the specified date. The court further held that the statutory deeming provision did not apply because the specified date for the progress claim was also a "reference date". Consequently, the claimant was not entitled to the payment sought. Regarding the requirement for leave to proceed, the court determined that the claimant was not required to obtain leave because the proceedings were not brought within three months of the adjudicator's determination.

No further orders were made by the court beyond the determination of the issues outlined above.