Fernandes Constructions v Tahmoor Coal (trading as Centennial Coal) [2007] NSWSC 381

Fernandes Constructions v Tahmoor Coal (trading as Centennial Coal) [2007] NSWSC 381

Objectively and in context, tax invoice 05 was a claim by Fernandes for payment for construction work under the construction contract, and the statement that it was "prepared under" the Building and Construction Industry Security of Payment Act 1999 would convey to a reasonable reader that Fernandes intended by service of the document to engage the operation of the Act. It therefore complied sufficiently with s 13(2)(c) and was a valid payment claim on the only issue argued.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Technology and Construction List Proceedings Concerning a Payment Claim Under the Building and Construction Industry Security of Payment Act 1999 / Final Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
['payment Claim' 'building and Construction Industry Security of Payment Act 1999 S 13(2)(c)' 'tax Invoice Stating It Was Prepared Under the Act']
['construction Law' 'security of Payment'] ['payment Claim' 'building and Construction Industry Security of Payment Act 1999 S 13(2)(c)' 'tax Invoice Stating It Was Prepared Under the Act']

Case Brief

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Procedural Posture

Technology and Construction List Proceedings Concerning a Payment Claim Under the Building and Construction Industry Security of Payment Act 1999 / Final Judgment

Legal Issues

  1. 1 ['Whether tax invoice 05 was a payment claim that complied with s 13(2)(c) of the Building and Construction Industry Security of Payment Act 1999 by stating that it was made under the Act.']

Ratio Decidendi

Objectively and in context, tax invoice 05 was a claim by Fernandes for payment for construction work under the construction contract, and the statement that it was "prepared under" the Building and Construction Industry Security of Payment Act 1999 would convey to a reasonable reader that Fernandes intended by service of the document to engage the operation of the Act. It therefore complied sufficiently with s 13(2)(c) and was a valid payment claim on the only issue argued.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Direct entry of judgment in favour of the plaintiff in the sum of $919,427.52 together with interest to the date of entry of judgment.' "Order the defendant to pay the plaintiff's costs of the proceedings."]