25 Filing of adjudication certificate as judgment debt
(1) An adjudication certificate may be filed as a judgment for a debt in any
court of competent jurisdiction and is enforceable accordingly. (2) An
adjudication certificate cannot be filed under this section unless it is
accompanied by an affidavit by the claimant stating that the whole or any part
of the adjudicated amount has not been paid at the time the certificate is
filed. (3) If the affidavit indicates that part of the adjudicated amount has
been paid, the judgment is for the unpaid part of that amount only. (4) If
the respondent commences proceedings to have the judgment set aside, the
respondent: (a) is not, in those proceedings, entitled: (i) to bring any
cross-claim against the claimant, or (ii) to raise any defence in relation to
matters arising under the construction contract, or (iii) to challenge the
adjudicator’s determination, and (b) is required to pay into the court as
security the unpaid portion of the adjudicated amount pending the final
determination of those proceedings.
Shellbridge
Pty Ltd v Rider Hunt Sydney Pty Ltd [2005] NSWSC 1152 (14 November 2005):
Barrett J
KEY ISSUES:
nature of judgment entered under s.25 whether limits imposed by s.25(4)
apply to an application for a stay of judgment as distinct from an
application to have a judgment set aside
Pacific
Islands Express Pty Ltd v Empire Building Development Pty Ltd [2008] NSWSC 576
(12 June 2008): Austin J
KEY ISSUES: a
company challenges a statutory demand for an adjudicated amount on the ground
that there is an offsetting claim notwithstanding s.25(4) whether
affidavit in support adequate
Energy
Australia v Downer Construction (Australia) Pty Limited and 2 Ors [2005] NSWSC
1042 (14 October 2005): Barrett J
KEY ISSUES: whether
s.25(4)(a)(iii) applicable when seeking a declarations that purported
adjudication determination is void
Parist Holdings Pty Ltd v WT Partnership Australia Pty Ltd
[2003] NSWSC 365 (5 May 2003): Nicholas J
KEY ISSUES: whether adjudicator acted ultra vires in adjudication and determination – whether adjudicator’s determination a nullity – whether payment claim is foundation of jurisdiction of adjudicator
Musico &Ors v Davenport &Ors [2003] NSWSC 977 (31
October 2003): McDougall J
KEY ISSUES: whether the determination of an adjudicator under the Act is open to judicial review and upon what grounds – whether there were errors of law, jurisdictional errors or denial of natural justice – whether discretionary reasons for refusal of relief
Brodyn Pty Ltd v Davenport &Anor [2004] NSWSC 254 (2 April
2004): Gzell J
KEY ISSUES: whether an order in the nature of certiorari lies against an adjudicator’s determination – whether certiorari should be granted when judgment had been entered for the adjudicated amount – whether s25 of the Act rendered an order in the nature of certiorari futile
Rail Infrastructure Corporation v Veghelyi [2004] NSWSC 427
(11 May 2004) : Campbell J
KEY ISSUES: whether effect of s25(4)(a)(iii) is that once a judgment has been obtained, that judgment cannot be attacked on the basis of jurisdictional error in the certificate which led to the entry of the judgment
Isis Projects v Clarence Street [2004] NSWSC 714 (13 August
2004) : McDougall J
KEY ISSUES: whether plaintiff entitled to recover amounts unpaid as a debt – whether progress claims identified work by single line item references – whether progress claims supported by sufficient evidence
Brodyn Pty Ltd v Dasein Constructions Pty Ltd [2004] NSWSC
1230 (15 December 2004) : Young CJ
KEY ISSUES: whether set-off under s553 of Corporations Act available against a District Court judgment obtained under s25 of the Act
Falgat Constructions Pty Ltd v Equity Australia Corporation
Pty Ltd [2005] NSWCA 49 (3 March 2005) : Handley JA, Santow JA, Pearlman AJA
Cooper v Veghelvi &2 Ors [2005] NSWSC 227 (23 March 2005)
: Master Harrison
KEY ISSUES: whether on appeal money is to be paid into court
Lifestyle Retirement Projects No 2 Pty Ltd v Parisi Homes
Pty Ltd &Anor [2005] NSWSC 411 (22 April 2005) : Palmer J
KEY ISSUES: whether interlocutory injunction available restraining any further step in adjudication process until final hearing of question of validity
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