Steel v Beks

In the case of Steel v Beks, the dispute involved issues arising under the Building & Construction Industry Security of Payment Act 1999. The respondent, Beks, applied to the Supreme Court of Victoria seeking to set aside an adjudicator's determination which had been made in favour of the applicant, Steel. The adjudicator had found that Steel was entitled to additional payments under its building contract. The dispute centred around whether the adjudicator's determination could be set aside due to alleged procedural irregularities in the service of payment claims and s17(2) notices.

The primary legal issue before the court was whether the adjudicator's determination should be set aside because the payment claims and s17(2) notices were not properly served, as contended by Beks. The court had to consider the statutory requirements for the service of payment claims and s17(2) notices under the Act, and whether any non-compliance with these requirements warranted setting aside the adjudicator's determination. The court also needed to evaluate the effect of any non-compliance on the validity of the adjudicator's decision.

The court found that the payment claims and s17(2) notices were not served in accordance with the requirements of the Act. The non-compliance in question involved the absence of an address for service on the notices, which was a critical procedural requirement. Given that the non-compliance went to the fundamental process of the adjudication, the court held that it was justified in setting aside the adjudicator's determination. Consequently, the application to set aside the determination was successful.

As a result of the court's decision, the adjudicator's determination was set aside, and Steel's claim for additional payments was not upheld. The orders of the court included setting aside the adjudicator's determination and dismissing Steel's application for payment. The case underscores the importance of strict compliance with statutory requirements for the service of payment claims and s17(2) notices in adjudications under the Building & Construction Industry Security of Payment Act 1999.