CLARENCE STREET PTY LTD v ISIS PROJECTS PTY LTD [2005] NSWCA 391

CLARENCE STREET PTY LTD v ISIS PROJECTS PTY LTD [2005] NSWCA 391

Progress Claims 12 and 13 satisfied the statutory requirements for valid payment claims under s13 of the Building and Construction Industry Security of Payment Act 1999, and any contractual requirements under cl 42.1 did not invalidate their statutory effect; the due date for payment had arisen before proceedings commenced and defences relating to the contract were excluded under s15(4)(b)(ii).

Jurisdiction
Australia
Judgment Date
16 November 2005
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['progress Payment Claims' 'statutory Debt Recovery' 'payment Schedules Under Building and Construction Industry Security of Payment Act 1999']
['construction Law' 'contract Law'] ['progress Payment Claims' 'statutory Debt Recovery' 'payment Schedules Under Building and Construction Industry Security of Payment Act 1999']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether Progress Claims 12 and 13 were valid 'payment claims' within the meaning of the Building and Construction Industry Security of Payment Act 1999" 'Whether the due date for progress payments had arisen prior to commencement of proceedings']

Ratio Decidendi

Progress Claims 12 and 13 satisfied the statutory requirements for valid payment claims under s13 of the Building and Construction Industry Security of Payment Act 1999, and any contractual requirements under cl 42.1 did not invalidate their statutory effect; the due date for payment had arisen before proceedings commenced and defences relating to the contract were excluded under s15(4)(b)(ii).

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' 'Appellant to pay respondent’s costs']