Filipe v. Inscope Solutions Pty. Limited [2004] NSWCA 417

Filipe v. Inscope Solutions Pty. Limited [2004] NSWCA 417

The application for leave to appeal was dismissed because the only issue raised was a possible statutory defence, which would not affect the clear contractual entitlement to progress payments certified by the architect. The judgment did not affect the final rights of the parties, and no estoppel or Anshun defence would arise regarding future proceedings for final determination.

Parties
Claimant: Maximino Filipe; Opponent: Inscope Solutions Pty. Limited
Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal From Summary Judgment
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Progress Payments, Summary Judgment
Building and Construction Progress Payments Summary Judgment

Case Brief

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Parties

Maximino Filipe

Claimant

Inscope Solutions Pty. Limited

Opponent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment for progress payments under a building contract should be set aside
  2. 2 Whether a possible defence under the Building and Construction Industry Security of Payment Act precludes summary judgment

Ratio Decidendi

The application for leave to appeal was dismissed because the only issue raised was a possible statutory defence, which would not affect the clear contractual entitlement to progress payments certified by the architect. The judgment did not affect the final rights of the parties, and no estoppel or Anshun defence would arise regarding future proceedings for final determination.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.