Impero Pacific Group Pty Ltd v Bonheur Holdings Pty Ltd [2019] NSWSC 286

Impero Pacific Group Pty Ltd v Bonheur Holdings Pty Ltd [2019] NSWSC 286

The payment claim was valid. Termination for convenience under cl 39A created a surviving contractual entitlement to payment for work carried out before termination, and that entitlement fell within the expanded statutory concept of a progress payment; because no date was specified for such a claim, the relevant reference date was available at least by 31 October 2018. The supporting statement substantially complied with the prescribed form and the Principal did not establish any contravention of s 13. In proceedings under s 15, the Court was not required or permitted to sever or evaluate components of the claimed amount merely because part was alleged to fall outside the Act. The...

Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Proceedings to Recover a Claimed Amount as a Debt Due Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Principal Judgment After Hearing; Proceedings Adjourned for Further Argument on Interest and Costs
Outcome
Contractor awarded judgment; proceedings adjourned for further argument, if necessary, on interest and costs.
Legal Topics
['construction Contracts' 'progress Payments' 'payment Claims' 'reference Dates' 'termination for Convenience' 'supporting Statements' 'recovery of Claimed Amount as Debt']
['building and Construction' 'security of Payment' 'contract' 'equity Commercial List'] ['construction Contracts' 'progress Payments' 'payment Claims' 'reference Dates' 'termination for Convenience' 'supporting Statements' 'recovery of Claimed Amount as Debt']

Case Brief

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Procedural Posture

Proceedings to Recover a Claimed Amount as a Debt Due Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Principal Judgment After Hearing; Proceedings Adjourned for Further Argument on Interest and Costs

Legal Issues

  1. 1 ['Whether the November 2018 payment claim was invalid because it was not supported by an available reference date under the Building and Construction Industry Security of Payment Act 1999 (NSW).' 'Whether termination for convenience under cl 39A gave rise to a statutory entitlement to payment and a reference date for the purposes of the Act.' 'Whether the supporting statement accompanying the payment claim failed to comply with s 13(7) of the Act or otherwise invalidated service of the payment claim.' 'Whether inclusion of amounts said not to be for construction work or related goods and services prevented judgment for the claimed amount under s 15 of the Act.']

Ratio Decidendi

The payment claim was valid. Termination for convenience under cl 39A created a surviving contractual entitlement to payment for work carried out before termination, and that entitlement fell within the expanded statutory concept of a progress payment; because no date was specified for such a claim, the relevant reference date was available at least by 31 October 2018. The supporting statement substantially complied with the prescribed form and the Principal did not establish any contravention of s 13. In proceedings under s 15, the Court was not required or permitted to sever or evaluate components of the claimed amount merely because part was alleged to fall outside the Act. The...

Court Disposition

Contractor awarded judgment; proceedings adjourned for further argument, if necessary, on interest and costs.

Orders

  • ['Adjourn the proceedings for further argument, if necessary, on the question of interest and costs.']