Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd

The plaintiff, Veer Build Pty Ltd, sought an order for payment from the defendant, TCA Electrical and Communication Pty Ltd, in relation to works performed on a construction project. The dispute was heard and determined in the Supreme Court of New South Wales. The central issue before the court was whether the plaintiff's second payment claim, served after an initial payment schedule, was valid under the Building and Construction Industry Security of Payment Act 1999 (NSW). Additionally, the court had to consider whether the adjudicator, who declined to make a payment determination in favour of the plaintiff, denied the plaintiff procedural fairness.

The court found that the second payment claim was valid as it was served within the timeframe stipulated by the contract and the Act. It was held that a party can serve multiple payment claims in respect of a reference date, as long as they are served within the statutory period. Furthermore, the court determined that the adjudicator did not deny the plaintiff procedural fairness. The adjudicator provided an opportunity for the plaintiff to present its case and considered all relevant submissions and evidence provided. The court found no procedural irregularity that would undermine the validity of the adjudicator's decision.

In conclusion, the court held that the plaintiff's second payment claim was valid and that the adjudicator did not deny procedural fairness. The defendant was ordered to pay the sum determined by the adjudicator, with interest, within 14 days of the judgment. The plaintiff was also awarded costs of the proceedings on an indemnity basis.