Dualcorp v Remo Constructions [2009] NSWCA 69
Initial Adjudication
Dualcorp, a sub-contractor, entered into a construction contract
with Remo Constructions, the contractor, to carry out excavation
and piling work at a building site at Five Dock, Sydney.
The works were substantially completed by November 2007 and in
January 2008, Dualcorp served on Remo Constructions a payment claim
under the Building and Construction Industry Security of
Payment Act 1999 (NSW) (the Act), which payment claim
consisted of four invoices.
Remo Constructions responded with a payment schedule disputing
the bulk of the claim. Dualcorp referred the matter to adjudication
under the Act and the adjudicator subsequently determined that a
minor portion of the amount claimed was payable under the Act.
Dualcorp subsequently registered the determination in the District
Court as a judgment debt as provided for under the Act.
