Oppedisano v Micos Aluminum Systems  NSWSC 53
The Plaintiff owned property which contained 4 separate single occupancy units. The plaintiff resided in one, and members of his family resided in others. The Defendant was contracted to perform glazing work on the property, and submitted a payment claim to the plaintiff. The plaintiff supplied a payment schedule and outlined reasons for payment not being made.
The matter was heard before an adjudicator which found in favour of the defendant, and ordered the plaintiff to pay for the work undertaken in line with the payment claim.
Whether the adjudicator acted outside their jurisdiction in finding against the plaintiff due to the operation of s7(2)(b) of the Building and Construction Industry Security of Payment Act 1999 (NSW) (“BCISOPA”), which would exclude the work from the application of BCISOPA.