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Monthly Archives

May 2025

Jurisdictional Error – You Better Have A ‘Rare Case’ Or Don’t Bother Construction
20 May, 2025

Jurisdictional Error – You Better Have A ‘Rare Case’ Or Don’t Bother

The New South Wales Court of Appeal’s decision in Martinus Rail Pty Ltd v Qube Services (No 2) Pty Ltd NSWCA 49 further demonstrated how difficult it is to successfully challenge an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW). One critical aspect of…
Victoria Caldwell
Representations on who can receive a payment claim ConstructionSecurity of Payments
5 May, 2025

Representations on who can receive a payment claim

In Fredon Infrastructure Pty Ltd (Fredon) v Hitachi Rail GTS Australia Pty Ltd (Hitachi) NSWSC 1244, oral representations were made on who can receive a payment claim.  Those representations were held to constitute a conferring of apparent authority under a contract. Background Contract Fredon, an electrical subcontractor, initially entered into…
Victoria Caldwell