Transgrid v Siemens Ltd

In *Transgrid v Siemens Ltd*, the Supreme Court of New South Wales considered a dispute concerning progress payments under the *Building and Construction Industry Security of Payment Act 1999* (NSW). The case involved an appeal from an adjudicator's determination regarding a progress claim made by Siemens Ltd against Transgrid.

The central legal issue before the Court was whether the adjudicator's determination was void, thereby providing grounds for judicial intervention. Specifically, the Court had to consider the meaning of "amount calculated in accordance with the terms of the contract" in circumstances where the contract stipulated that progress payments were subject to certification by a superintendent, and whether the provisional nature of such payments, pending final determination of contractual rights, could be a basis for withholding relief.

The Court reasoned that the legislature's emphasis on the timely making of progress payments indicated that the provisional nature of these payments, or the existence of other avenues for resolving contractual disputes, would not typically be a sufficient reason to deny relief under the Act. The Court adopted an approach where relief would only be granted if the adjudicator's determination was found to be void. Applying this reasoning, the Court concluded that the adjudicator's determination was not void.

Consequently, the appeal was dismissed with costs.