Victorian Supreme Court Holds Adjudication Application Served By E-Mail To Be Valid

Case Note

Hickory Developments v Schiavello (Vic) Pty Ltd [2009] VSC 156

(Vickery J, Supreme Court of Victoria, April 2009)

The Supreme Court of Victoria recently considered whether an adjudication application provided to an authorised nominating body and the respondent by e-mail was a valid adjudication application for the purposes of the Building and Construction Industry Security of Payment Act 2002 (Vic).

Facts

Hickory Developments Pty Ltd, as the main contractor, engaged Schiavello, as subcontractor, to design and construct the base building works and fit out works for the TAC headquaters, for a lump sum price of $9,413,330.

On 3 February 2009, Hickory received in the ordinary post a payment claim from Schiavello made under the Act in the amount of $2,106,828.98. On 9 February 2009, Hickory served a payment claim on Schiavello, certifying that "$NIL" was payable.