Event and Time
Event Description
- Date: 7 May 2019 (Contract Date), 16 April 2020 (Adjudication Decision), 24 April 2020 (Court Proceedings).
- Parties Involved: Diona Pty Ltd (Plaintiff) and Downer EDI Works Pty Ltd (First Defendant), along with the appointed Adjudicator (Second Defendant).
- Context: A subcontract agreement related to safety upgrades on the Great Western Highway at Blackheath, NSW, ultimately leading to an adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW).
Application and Claims
- Plaintiff's Claim: Diona sought a declaration that the adjudicator's determination of $430,990.13 was void and sought an injunction against Downer from further pursuing the adjudication certificate.
- Defendant's Response: Downer maintained its claim for the adjudicated amount, seeking to set off $30,000 due to extensions of time claims (EOT 18 and EOT 21).
Judicial Decisions
- Decision Date: 28 April 2020.
- Outcome: The Court dismissed Diona's summons, confirming the validity of the adjudicator's determination.
Dispute Points and Legal Basis
Dispute Points
- Diona's Position:
- Argued the adjudicator failed to consider necessary contractual clauses (notably cl 40) relevant to EOT 18 and EOT 21, which were deemed time-barred. - Contended that the Adjudicator’s determination should reflect a payment of $400,990.13, not the full adjudicated amount.
- Downer's Position:
- Asserted entitlement to EOT 18 and EOT 21 under the contract. - Argued that the adjudicator correctly considered the contractual obligations and was not required to resolve the underlying disputes in full.