Central Projects Pty Ltd v Davidson [2018] NSWSC 523

Central Projects Pty Ltd v Davidson [2018] NSWSC 523

Attachment 8 constituted a 'supporting statement' for the purposes of s 13(9), despite omission of some subcontractors. Substantial rather than strict compliance with prescribed form suffices; the payment claim was validly served under the Act and judgment should be given for the plaintiff.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Principal Judgment / Final Judgment at First Instance
Outcome
Judgment for the plaintiff in the sum of $1,245,166.67; defendant to pay plaintiff's costs; liberty to apply to vary order for costs.
Legal Topics
['progress Payments' 'supporting Statements' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'validity of Payment Claims']
['equity' 'construction Law'] ['progress Payments' 'supporting Statements' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'validity of Payment Claims']

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Procedural Posture

Principal Judgment / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether omission of certain subcontractors from a supporting statement renders a payment claim invalid under s 13(7)-(9) BCISOP Act' 'Whether failure to serve a compliant supporting statement invalidates service of a payment claim']

Ratio Decidendi

Attachment 8 constituted a 'supporting statement' for the purposes of s 13(9), despite omission of some subcontractors. Substantial rather than strict compliance with prescribed form suffices; the payment claim was validly served under the Act and judgment should be given for the plaintiff.

Court Disposition

Judgment for the plaintiff in the sum of $1,245,166.67; defendant to pay plaintiff's costs; liberty to apply to vary order for costs.

Orders

  • ['Judgment for the plaintiff in the sum of $1,245,166.67.' "The defendant pay the plaintiff's costs of the proceedings." "Liberty to apply on 14 days' notice to vary order (2); may be exercised by contacting the Associate of Ball J."]