Fredon Infrastructure Pty Ltd v Hitachi Rail GTS Australia Pty Ltd [2024] NSWSC 1244

Fredon Infrastructure Pty Ltd v Hitachi Rail GTS Australia Pty Ltd [2024] NSWSC 1244

The 21 February 2024 payment claims were effectively served on Hitachi by delivery to its subcontracts manager and contracts administrator (Ms Green and Ms Shende), who had actual and apparent authority to receive such claims, and were received on the afternoon of 21 February 2024. As Hitachi's payment schedule was...

Source-derived case information.

Parties
Plaintiff: Fredon Infrastructure Pty Limited; Defendant: Hitachi Rail GTS Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff; defendant liable to pay amounts claimed in the 21 February 2024 payment claims.
Legal Topics
Security of Payment, Authority of Agent, Service of Payment Claims, Withdrawal of Payment Claims, Contract Construction
Construction Law Agency Law Contract Law Equity Security of Payment Authority of Agent Service of Payment Claims Withdrawal of Payment Claims +1 more

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Parties

Fredon Infrastructure Pty Limited

Plaintiff

Hitachi Rail GTS Australia Pty Ltd

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the 21 February 2024 payment claims were effectively served
  2. 2 Whether the contract required service on Hitachi's nominated representative
  3. 3 Whether Ms Green and Ms Shende had actual and/or apparent authority to receive payment claims

Ratio Decidendi

The 21 February 2024 payment claims were effectively served on Hitachi by delivery to its subcontracts manager and contracts administrator (Ms Green and Ms Shende), who had actual and apparent authority to receive such claims, and were received on the afternoon of 21 February 2024. As Hitachi's payment schedule was delivered outside the statutory 10 business day period, Hitachi is liable to pay the claimed amount.

Court Disposition

Judgment for the plaintiff; defendant liable to pay amounts claimed in the 21 February 2024 payment claims.

Orders

  • Hitachi is liable to Fredon for the amounts in the 21 February 2024 payment claims; final orders to be brought in by parties via short minutes.