Fyntray Constructions Pty Ltd v Macind Drainage & Hydraulic Services Pty Ltd [2002] NSWCA 238

Fyntray Constructions Pty Ltd v Macind Drainage & Hydraulic Services Pty Ltd [2002] NSWCA 238

It is permissible under the Building and Construction Industry Security of Payment Act 1999 for a person entitled to a progress payment to serve a payment claim relating to work done in periods prior to the month in which the payment claim is served; there are no statutory restrictions barring cumulative or delayed claims and the payment claim in question was valid under the Act.

Jurisdiction
Australia
Judgment Date
26 July 2002
Procedural Posture
Application for Leave to Appeal / Judgment
Outcome
Leave to appeal refused; summons dismissed
Legal Topics
['security of Payment' 'progress Payments' 'statutory Interpretation']
['construction Law'] ['security of Payment' 'progress Payments' 'statutory Interpretation']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment

Legal Issues

  1. 1 ['Whether a payment claim under the Building and Construction Industry Security of Payment Act 1999 can relate to work done in periods prior to the month in which the payment claim is served' 'Time limits for service of payment claims under the Act' 'Validity of accumulated progress claims under the Act']

Ratio Decidendi

It is permissible under the Building and Construction Industry Security of Payment Act 1999 for a person entitled to a progress payment to serve a payment claim relating to work done in periods prior to the month in which the payment claim is served; there are no statutory restrictions barring cumulative or delayed claims and the payment claim in question was valid under the Act.

Court Disposition

Leave to appeal refused; summons dismissed

Orders

  • ['The Summons is dismissed.' "The claimant is to pay the opponent's costs."]