Patrick Stevedores Operations No 2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd

摘要

Contract - Building and Construction Industry Security of Payment Act 1999 (NSW) - construction work - reference dates - withdrawal of adjudication application - jurisdictional error The parties entered into a contract by which McConnell Dowell was to construct, test, and commission certain civil works. The contract provided progress claims to be submitted on the last day of each month for work performed to the second last day of that month. The contract also gave Patrick a right to terminate for convenience and, if it did so, McConnell Dowell was entitled to be paid under four separate heads: (1) for work carried out prior to the date of termination, it was entitled to be paid what would have been payable if the contract had not been terminated and McConnell Dowell had submitted a payment claim on the date of termination; (2) the cost of plant and materials reasonably ordered; (3) the reasonable cost of removing equipment from the site; and (4) a stated lump sum amount.