COORDINATED CONSTRUCTION CO V J M HARGREAVES & ORS
[2005] NSWSC 77
New South Wales Supreme Court – 22 February 2005
FACTS
Coordinated Construction Co (‘Coordinated’) entered into a construction contract with J M Hargreaves (‘Hargreaves’) whereby Hargreaves agreed to carry out certain work in connection with the redevelopment of the former Gazebo Hotel at Elizabeth Bay.
Hargreaves made a number of what it said were Payment Claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) and proceeded to Adjudication. Coordinated submitted that each determination is void because the Adjudicated Amount included amounts not for construction and thus did not meet what Coordinated said were the “basic and essential requirements … for the existence of an adjudicator’s determination” under the Act as held in the case of Brodyn v Davenport [2004] NSWCA 394.
ISSUE
Was the Adjudicator’s determination void because the Adjudicator determined that Hargreaves was entitled to be paid an amount for “delay damages” and “interest”?
FINDING
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