Leighton Contractors Pty Limited v Campbelltown Catholic Club Limited, Campbelltown Catholic Club Limited v Leighton Contractors Pty Limited [2003] NSWSC 1103

Leighton Contractors Pty Limited v Campbelltown Catholic Club Limited, Campbelltown Catholic Club Limited v Leighton Contractors Pty Limited [2003] NSWSC 1103

The payment claim served by Leighton complied with section 13 of the Act; inclusion of works older than 12 months and delay costs did not invalidate the claim. The Superintendent's certificate was not a payment schedule for purposes of the Act, and Leighton was entitled to summary judgment for the claimed amount. The Club's second proceedings were dismissed as an abuse of process.

Parties
Plaintiff in 55030/02, Defendant in 55033/02: Leighton Contractors Pty Limited; Defendant in 55030/02, Plaintiff in 55033/02: Campbelltown Catholic Club Limited
Jurisdiction
Australia
Judgment Date
03 December 2003
Procedural Posture
Building and Construction Dispute / Application for Summary Judgment and Application for Summary Dismissal
Outcome
Summary judgment granted for Leighton Contractors Pty Limited; second proceedings dismissed as abuse of process.
Legal Topics
Progress Payments, Payment Claims, Summary Judgment, Abuse of Process
Construction Law Contract Law Progress Payments Payment Claims Summary Judgment Abuse of Process

Case Brief

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Parties

Leighton Contractors Pty Limited

Plaintiff in 55030/02, Defendant in 55033/02

Campbelltown Catholic Club Limited

Defendant in 55030/02, Plaintiff in 55033/02

Procedural Posture

Building and Construction Dispute / Application for Summary Judgment and Application for Summary Dismissal

Legal Issues

  1. 1 Whether the payment claim complied with section 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether progress claim 18 included items outside the permitted 12 month period under section 13(4)(b)
  3. 3 Whether delay costs could be claimed under the Act

Ratio Decidendi

The payment claim served by Leighton complied with section 13 of the Act; inclusion of works older than 12 months and delay costs did not invalidate the claim. The Superintendent's certificate was not a payment schedule for purposes of the Act, and Leighton was entitled to summary judgment for the claimed amount. The Club's second proceedings were dismissed as an abuse of process.

Court Disposition

Summary judgment granted for Leighton Contractors Pty Limited; second proceedings dismissed as abuse of process.

Orders

  • Summary judgment to be entered for Leighton Contractors Pty Limited in proceedings 55030/02.
  • Campbelltown Catholic Club Limited's proceedings 55033/02 summarily dismissed.